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STATE v. SECK

A168550.

468 P.3d 531 (2020)

304 Or. App. 641

STATE of Oregon, Plaintiff-Respondent, v. Mallory Anna SECK, Defendant-Appellant.

Court of Appeals of Oregon.

June 10, 2020.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Mallory Anna Seck filed the supplemental and reply briefs pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and E. Nani Apo , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

In this appeal, defendant argues that the trial court erred in imposing a $200 fine under ORS 137.286(2) ("the minimum fine for a felony is $200") without considering her financial ability to pay it.1 Relying in part on State v. Wheeler, 268 Or.App. 729,

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