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STATE v. LOUDERMILK

A161571.

405 P.3d 195 (2017)

288 Or.App. 88

STATE of Oregon, Plaintiff-Respondent, v. Gregory LOUDERMILK, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

September 27, 2017.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erin J. Snyder Severe , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, 813.011. In an unpreserved assignment of error, defendant argues that the trial court plainly erred by imposing a $2,000 fine for defendant's third DUII conviction because the court erroneously believed that the fine was mandatory...

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