STATE v. LOPEZ (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Geraldo Harry LOPEZ, Defendant-Appellant.

A171912

Decided: July 14, 2021

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent.

Defendant appeals his conviction for failure to report as a sex offender, ORS 163A.040(3)(b). He argues that the trial court plainly erred in failing to acquit him of that charge because, under our case law, a release from a correctional facility does not qualify as a “change of residence” for purposes of ORS 163A.040(3). The state concedes the error and agrees that we should exercise discretion to correct the error. We agree and accept the state's concession. See State v. Lafountain, 299 Or. App. 311, 330, 451 P.3d 246 (2019) (correctional facility is not an inmate's “residence” for the purposes of the crime of failing to report as a sex offender); State v. Hoseclaw, 299 Or. App. 334, 342, 450 P.3d 1005 (2019) (treating issue as plain error and exercising discretion to correct error “in light of the gravity of the error and the ends of justice”). For the reasons set forth in Hoseclaw, we exercise our discretion to correct the error.

Reversed.

PER CURIAM

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