STATE v. JAMES (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Michael Anthony JAMES, Defendant-Appellant.

A164862

Decided: April 08, 2020

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.*

Matthew Blythe, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services. Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Defendant admitted to contempt of court, ORS 33.065, for failure to pay child support. The court entered a form judgment that is captioned “Judgment (Misdemeanor/ Violation).” On appeal from that judgment, defendant argues that the judgment caption erroneously indicates that he was convicted of a crime or violation, when he was not. See Johnson/State v. Jung, 255 Or. App. 507, 508, 296 P.3d 1287 (2013) (reversing judgment that “convicted” a defendant of contempt and remanding for entry of a judgment that makes clear the defendant was found in contempt of court); State v. Litscher, 207 Or. App. 565, 568-69, 142 P.3d 549 (2006) (contempt of court is neither a crime nor a violation). Although it is true that we generally treat the body of a judgment as controlling over a conflicting caption, see State v. Larrance, 256 Or. App. 850, 851, 302 P.3d 481 (2013), we agree with defendant that the judgment caption erroneously states that defendant has a judgment of a misdemeanor or violation entered against him and the body of the judgment does not correct that error. We thus reverse and remand for the trial court to enter a corrected judgment that makes clear it is a judgment finding defendant in contempt of court.

Reversed and remanded with instructions to enter judgment finding defendant in contempt of court.

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network