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STATE v. CARTER

A170672.

475 P.3d 127 (2020)

307 Or. App. 270

STATE of Oregon, Plaintiff-Respondent, v. Donald Ray CARTER, Defendant-Appellant.

Court of Appeals of Oregon.

October 14, 2020.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Francis C. Gieringer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jonathan N. Schildt , Assistant Attorney General, filed the brief for respondent.

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

In this criminal appeal, defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.011, which was his third DUII conviction. The trial court imposed, in addition to a sentence of 90 days of jail as a condition of probation, a $2,000 fine under the belief that the fine was mandatory. Defendant asserts that that belief...

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