STATE v. LOPEZ

A171912.

491 P.3d 108 (2021)

313 Or. App. 378

STATE of Oregon, Plaintiff-Respondent, v. Geraldo Harry LOPEZ, Defendant-Appellant.

Court of Appeals of Oregon.

July 14, 2021.


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 brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jeff J. Payne , Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.


Defendant appeals his conviction for failure to report as a sex offender, ORS 163A.040(3)(b). He argues that the trial court plainly erred in failing to acquit him of that charge because, under our case law, a release from a correctional facility does not qualify as a "change of residence" for purposes of ORS 163A.040(3). The state concedes...

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