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STATE v. GAMMON

A151181; C110918CR.

332 P.3d 347 (2014)

264 Or. App. 420

STATE of Oregon, Plaintiff-Respondent, v. David Wagner GAMMON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Lindsey Burrows , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. David Gammon filed a supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Karla H. Ferrall , Assistant Attorney General, filed the brief for respondent.

Before HADLOCK, Presiding Judge, and TOOKEY, Judge, and DE MUNIZ, Senior Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant contends that the trial court erred in denying his motion to suppress because the officer lacked probable cause to stop defendant and that the trial court plainly erred when it imposed a DUII fee of $255 because, under ORS 813.030 (2009), the DUII-conviction fee could not exceed $130.1 Defendant...

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