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STATE v. RUIZ (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Matthew Steven RUIZ, Defendant-Appellant.

A173612

Decided: November 17, 2021

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and John Evans, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent.

Defendant, who pleaded guilty to driving under the influence of intoxicants, ORS 813.010, entered into a diversion program. He now appeals a judgment terminating his diversion, sentencing him to probation, and imposing a fine. He first argues that the trial court erred in denying his motion to dismiss. That issue is not reviewable under ORS 138.105(5). State v. Merrill, 311 Or.App. 487, 492 P.3d 722, modified on recons., 314 Or.App. 460, 495 P.3d 219 (2021). Defendant also argues that the trial court plainly erred with respect to its imposition of the fine. We reject that argument without discussion.

Affirmed.

PER CURIAM

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STATE v. RUIZ (2021)

Docket No: A173612

Decided: November 17, 2021

Court: Court of Appeals of Oregon.

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