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STATE v. KIEMTORE

A171749.

501 P.3d 93 (2021)

315 Or. App. 692

STATE of Oregon, Plaintiff-Respondent, v. Josaphat K. KIEMTORE, Defendant-Appellant.

Court of Appeals of Oregon.

November 17, 2021.

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 Doug M. Petrina , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant was convicted after a jury trial of six counts of recklessly endangering another person, ORS 163.195. We conclude, as the state concedes, that the trial court plainly erred when it imposed the statutory maximum punitive fine on each count and then also imposed a compensatory fine on Count 1, and we exercise our discretion to correct...

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