STATE v. GRIFFIN (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Scott Robert GRIFFIN, Defendant-Appellant.

A167728

Decided: January 23, 2020

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Kistler, Senior Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah De La Cruz, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher Page, Assistant Attorney General, filed the brief for respondent.

Defendant, who was convicted of fourth-degree assault, ORS 163.160, argues on appeal, among other things, that the trial court plainly erred in imposing a “Chapter 163 Assessment” of $500. The state concedes the error and concedes that the assessment should be reversed. We agree, accept the concession, and exercise our discretion to correct the error, for the reasons set forth in State v. Rowling, 259 Or.App. 290, 313 P.3d 386 (2013) (correcting similar error). We reject defendant’s remaining arguments without discussion.

Portion of judgment requiring defendant to pay “Chapter 163 Assessment” reversed; otherwise affirmed.

PER CURIAM

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