State v. Lovingier

Court of Appeals of Oregon

State v. Lovingier

380 P.3d 326, 280 Or. App. 629, 2016 Ore. App. LEXIS 1015

CourtCourt of Appeals of Oregon

DecidedAugust 31, 2016

DocketCR1411339; A160184

StatusPublished

This text of 380 P.3d 326 (State v. Lovingier) 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. Lovingier, 380 P.3d 326, 280 Or. App. 629, 2016 Ore. App. LEXIS 1015 (Or. Ct. App. 2016).

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Opinion

PER CURIAM

Defendant appeals a judgment of conviction for third-degree theft. ORS 164.043. He assigns error to the trial court’s imposition, in the judgment, of a $60 “Mandatory State Amt.” Defendant asserts that the trial court lacked statutory authority to impose that assessment. The state concedes that the trial court lacked authority to impose the $60 assessment and that that portion of the judgment should be reversed. We agree, and accept the state’s concession. See State v. Nutt, 274 Or App 217, 220-21, 360 P3d 636 (2015), rev den, 358 Or 551 (2016) (discussing trial court’s lack of authority to impose $60 “Mandatory State Amt” and reversing portion of judgment requiring the defendant to pay that assessment).

Portion of judgment requiring defendant to pay $60 “Mandatory State Amt” reversed; otherwise affirmed.

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PER CURIAM

Defendant appeals a judgment of conviction for third-degree theft. ORS 164.043. He assigns error to the trial court’s imposition, in the judgment, of a $60 “Mandatory State Amt.” Defendant asserts that the trial court lacked statutory authority to impose that assessment. The state concedes that the trial court lacked authority to impose the $60 assessment and that that portion of the judgment should be reversed. We agree, and accept the state’s concession. See State v. Nutt, 274 Or App 217, 220-21, 360 P3d 636 (2015), rev den, 358 Or 551 (2016) (discussing trial court’s lack of authority to impose $60 “Mandatory State Amt” and reversing portion of judgment requiring the defendant to pay that assessment).

Portion of judgment requiring defendant to pay $60 “Mandatory State Amt” reversed; otherwise affirmed.

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Bluebook (online)

380 P.3d 326, 280 Or. App. 629, 2016 Ore. App. LEXIS 1015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lovingier-orctapp-2016.

Opinion

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