State v. Ayala

Court of Appeals of Oregon

State v. Ayala

453 P.3d 635, 301 Or. App. 171

CourtCourt of Appeals of Oregon

DecidedDecember 4, 2019

DocketA168986

StatusPublished

Cited by1 cases

This text of 453 P.3d 635 (State v. Ayala) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Ayala, 453 P.3d 635, 301 Or. App. 171 (Or. Ct. App. 2019).

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Opinion

Submitted November 1; reversed and remanded for entry of judgment of conviction for one count of unauthorized use of a vehicle, remanded for resentencing, otherwise affirmed December 4, 2019

STATE OF OREGON, Plaintiff-Respondent, v. FREDDY AYALA, Defendant-Appellant. Jefferson County Circuit Court 18CR14163; A168986 453 P3d 635

Daniel Joseph Ahern, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Ingrid A. MacFarlane, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Presiding Judge, and Egan, Chief Judge, and Powers, Judge. PER CURIAM Reversed and remanded for entry of judgment of convic- tion for one count of unauthorized use of a vehicle; remanded for resentencing; otherwise affirmed. 172 State v. Ayala

PER CURIAM Defendant pleaded guilty to one count of possession of a stolen vehicle, ORS 819.300, and one count of unau- thorized use of a vehicle, ORS 164.135. On appeal, defen- dant argues that the trial court plainly erred by failing to merge the verdicts on these counts. The state concedes that, under State v. Noe, 242 Or App 530, 256 P3d 166 (2011), the verdicts on these offenses should merge. We accept the state’s concession on that point. The state also agrees with defendant that the court’s failure to merge regarding these counts constitutes plain error. See State v. Trickel, 270 Or App 250, 347 P3d 344 (2015); State v. Brown, 263 Or App 751, 752, 330 P3d 1249 (2014). Again, we agree. We therefore exercise our discretion to review for the reasons set forth in State v. Camacho-Alvarez, 225 Or App 215, 216-17, 200 P3d 613 (2009). Reversed and remanded for entry of judgment of conviction for one count of unauthorized use of a vehicle; remanded for resentencing; otherwise affirmed.

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Submitted November 1; reversed and remanded for entry of judgment of conviction for one count of unauthorized use of a vehicle, remanded for resentencing, otherwise affirmed December 4, 2019

STATE OF OREGON, Plaintiff-Respondent, v. FREDDY AYALA, Defendant-Appellant. Jefferson County Circuit Court 18CR14163; A168986 453 P3d 635

Daniel Joseph Ahern, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Ingrid A. MacFarlane, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Presiding Judge, and Egan, Chief Judge, and Powers, Judge. PER CURIAM Reversed and remanded for entry of judgment of convic- tion for one count of unauthorized use of a vehicle; remanded for resentencing; otherwise affirmed. 172 State v. Ayala

PER CURIAM Defendant pleaded guilty to one count of possession of a stolen vehicle, ORS 819.300, and one count of unau- thorized use of a vehicle, ORS 164.135. On appeal, defen- dant argues that the trial court plainly erred by failing to merge the verdicts on these counts. The state concedes that, under State v. Noe, 242 Or App 530, 256 P3d 166 (2011), the verdicts on these offenses should merge. We accept the state’s concession on that point. The state also agrees with defendant that the court’s failure to merge regarding these counts constitutes plain error. See State v. Trickel, 270 Or App 250, 347 P3d 344 (2015); State v. Brown, 263 Or App 751, 752, 330 P3d 1249 (2014). Again, we agree. We therefore exercise our discretion to review for the reasons set forth in State v. Camacho-Alvarez, 225 Or App 215, 216-17, 200 P3d 613 (2009). Reversed and remanded for entry of judgment of conviction for one count of unauthorized use of a vehicle; remanded for resentencing; otherwise affirmed.

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453 P.3d 635, 301 Or. App. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ayala-orctapp-2019.

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