State v. Halsey

Court of Appeals of Oregon

State v. Halsey

328 Or. App. 140

CourtCourt of Appeals of Oregon

DecidedSeptember 13, 2023

DocketA179284

StatusUnpublished

This text of 328 Or. App. 140 (State v. Halsey) 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.

Bluebook

State v. Halsey, 328 Or. App. 140 (Or. Ct. App. 2023).

Pincite

Opinion

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). Submitted August 21, portion of judgment requiring defendant to pay a $255 DUII fee vacated, remanded for resentencing, otherwise affirmed September 13, 2023

STATE OF OREGON, Plaintiff-Respondent, v. RANDY EUGENE HALSEY, Defendant-Appellant. Linn County Circuit Court 21CR15557; A179284

Brendan J. Kane, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Silberman, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Alex Jones, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, and Hellman, Judge, and Armstrong, Senior Judge. ORTEGA, P. J. Portion of judgment requiring defendant to pay a $255 DUII fee vacated; remanded for resentencing; otherwise affirmed. Nonprecedential Memo Op: 328 Or App 140 (2023) 141

ORTEGA, P. J. Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) based on a no con- test plea. On appeal, he assigns error to the trial court’s imposition of a $1,000 DUII fine and to the imposition of a $255 intoxicant conviction fee. The state concedes error in the court’s determination that it did not have authority to suspend some or all of the conviction fee. For the reasons stated in State v. Colgrove, 308 Or App 441, 444-46, 480 P3d 1026 (2021), aff’d on other grounds, 370 Or 474, 521 P3d 456 (2022), we agree that the trial court erred and accept the state’s concession as well taken. We need not reach defendant’s assignment regard- ing the $1,000 DUII fine imposed pursuant to ORS 813.010(6), because defendant will have an opportunity at resentencing to address that issue. Id. at 446. Portion of judgment requiring defendant to pay a $255 DUII fee vacated; remanded for resentencing; other- wise affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). Submitted August 21, portion of judgment requiring defendant to pay a $255 DUII fee vacated, remanded for resentencing, otherwise affirmed September 13, 2023

STATE OF OREGON, Plaintiff-Respondent, v. RANDY EUGENE HALSEY, Defendant-Appellant. Linn County Circuit Court 21CR15557; A179284

Brendan J. Kane, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Silberman, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Alex Jones, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, and Hellman, Judge, and Armstrong, Senior Judge. ORTEGA, P. J. Portion of judgment requiring defendant to pay a $255 DUII fee vacated; remanded for resentencing; otherwise affirmed. Nonprecedential Memo Op: 328 Or App 140 (2023) 141

ORTEGA, P. J. Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) based on a no con- test plea. On appeal, he assigns error to the trial court’s imposition of a $1,000 DUII fine and to the imposition of a $255 intoxicant conviction fee. The state concedes error in the court’s determination that it did not have authority to suspend some or all of the conviction fee. For the reasons stated in State v. Colgrove, 308 Or App 441, 444-46, 480 P3d 1026 (2021), aff’d on other grounds, 370 Or 474, 521 P3d 456 (2022), we agree that the trial court erred and accept the state’s concession as well taken. We need not reach defendant’s assignment regard- ing the $1,000 DUII fine imposed pursuant to ORS 813.010(6), because defendant will have an opportunity at resentencing to address that issue. Id. at 446. Portion of judgment requiring defendant to pay a $255 DUII fee vacated; remanded for resentencing; other- wise affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

328 Or. App. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-halsey-orctapp-2023.

Opinion

Related

Cite This Page — Counsel Stack