STATE v. WYTCHERLEY

A173733.

496 P.3d 1158 (2021)

315 Or. App. 194

STATE of Oregon, Plaintiff-Respondent, v. Donald Ira WYTCHERLEY, Defendant-Appellant.

Court of Appeals of Oregon.

October 13, 2021.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Mark Kimbrell , 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 Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Defendant, who was convicted of driving under the influence of intoxicants (DUII), ORS 813.010, asserts on appeal that the trial court plainly erred in imposing a $2,000 fine, mistakenly believing the fine was mandatory rather than discretionary under the circumstances of this case. The state concedes the error. As explained below, we agree...

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