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State v. Daggett

Court of Appeals of Oregon.
Dec 7, 2016
385 P.3d 1281 (Or. Ct. App. 2016)

Opinion

A157923

12-07-2016

STATE of Oregon, Plaintiff-Respondent, v. Kyle D. DAGGETT, Defendant-Appellant.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.


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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAMDefendant appeals a judgment of conviction for two counts of felony violation of a stalking protective order, ORS 163.750(2)(b), raising two assignments of error. We reject his first assignment of error without discussion. In his second assignment of error, he contends that the trial court erred in imposing, in the judgment, a $ 60 "Mandatory State Amt" on each count. Defendant asserts that the trial court lacked statutory authority to impose those assessments. The state concedes that the trial court lacked authority to impose the $ 60 assessments and that those portions of the judgment should be reversed. We agree and accept the state's concession. See State v. Nutt , 274 Or.App. 217, 220–221, 360 P.3d 636 (2015), rev. den. , 358 Or. 551, 368 P.3d 26 (2016) (discussing trial court's lack of authority to impose $ 60 "Mandatory State Amt" and reversing portion of judgment requiring the defendant to pay that assessment).

Portions of judgment requiring defendant to pay $ 60 "Mandatory State Amt" reversed; otherwise affirmed.


Summaries of

State v. Daggett

Court of Appeals of Oregon.
Dec 7, 2016
385 P.3d 1281 (Or. Ct. App. 2016)
Case details for

State v. Daggett

Case Details

Full title:STATE of Oregon, Plaintiff-Respondent, v. Kyle D. DAGGETT…

Court:Court of Appeals of Oregon.

Date published: Dec 7, 2016

Citations

385 P.3d 1281 (Or. Ct. App. 2016)
282 Or. App. 715