STATE v. DRINKWATER

06C50352; A136055.

217 P.3d 1090 (2009)

231 Or. App. 6

STATE of Oregon, Plaintiff-Respondent, v. Erick Wayne DRINKWATER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 23, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and David Ferry, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for rape in the first degree. ORS 163.375. He advances four assignments of error, one of which is that the court erred in imposing a $1,000 compensatory fine as part of defendant's sentence. We conclude that the trial court did err in imposing the fine. We reject defendant's other assignments of error without discussion. We therefore vacate the portion of the judgment imposing a compensatory fine and remand for...

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