State v. Griffin

Court of Appeals of Oregon

State v. Griffin

456 P.3d 384, 301 Or. App. 839

CourtCourt of Appeals of Oregon

DecidedJanuary 23, 2020

DocketA167728

StatusPublished

Cited by1 cases

This text of 456 P.3d 384 (State v. Griffin) 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. Griffin, 456 P.3d 384, 301 Or. App. 839 (Or. Ct. App. 2020).

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Opinion

Submitted December 30, 2019; portion of judgment requiring defendant to pay “Chapter 163 Assessment” reversed, otherwise affirmed January 23, 2020

STATE OF OREGON, Plaintiff-Respondent, v. SCOTT ROBERT GRIFFIN, Defendant-Appellant. Lake County Circuit Court 17CR20485; A167728 456 P3d 384

Robert F. Nichols, Jr., 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. Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Kistler, Senior Judge. PER CURIAM Portion of judgment requiring defendant to pay “Chapter 163 Assessment” reversed; otherwise affirmed. 840 State v. Griffin

PER CURIAM 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 P3d 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.

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Submitted December 30, 2019; portion of judgment requiring defendant to pay “Chapter 163 Assessment” reversed, otherwise affirmed January 23, 2020

STATE OF OREGON, Plaintiff-Respondent, v. SCOTT ROBERT GRIFFIN, Defendant-Appellant. Lake County Circuit Court 17CR20485; A167728 456 P3d 384

Robert F. Nichols, Jr., 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. Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Kistler, Senior Judge. PER CURIAM Portion of judgment requiring defendant to pay “Chapter 163 Assessment” reversed; otherwise affirmed. 840 State v. Griffin

PER CURIAM 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 P3d 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.

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456 P.3d 384, 301 Or. App. 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffin-orctapp-2020.

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