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STATE v. SIMKINS

C110391CR; A152269.

330 P.3d 1235 (2014)

263 Or. App. 459

STATE of Oregon, Plaintiff-Respondent, v. Steven Patrick SIMKINS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 11, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Mary M. Reese , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jeremy C. Rice , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge.

DUNCAN, P.J.

After defendant was convicted of two counts of first-degree theft and two counts of first-degree criminal mistreatment, the trial court ordered defendant to pay an "offense surcharge" of $35 for each conviction, pursuant to Oregon Laws 2009, chapter 659, section 2. On appeal, defendant argues that the trial court plainly erred in imposing that surcharge because his crimes were committed outside the period of time covered by the authorizing statute.

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