Opinion
A179284
09-13-2023
STATE OF OREGON, Plaintiff-Respondent, v. RANDY EUGENE HALSEY, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Silberman, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Alex Jones, Assistant Attorney General, fled the brief for respondent.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted August 21, 2023.
Linn County Circuit Court 21CR15557; A179284 Brendan J. Kane, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Silberman, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Alex Jones, Assistant Attorney General, fled the brief for respondent.
Before Ortega, Presiding Judge, and Hellman, Judge, and Armstrong, Senior Judge.
Portion of judgment requiring defendant to pay a $255 DUII fee vacated; remanded for resentencing; otherwise affrmed.
ORTEGA, P. J.
Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) based on a no contest plea. On appeal, he assigns error to the trial court's imposition of a $1,000 DUII fine and to the imposition of a $255 intoxicant conviction fee. The state concedes error in the court's determination that it did not have authority to suspend some or all of the conviction fee. For the reasons stated in State v. Colgrove, 308 Or.App. 441, 444-46, 480 P.3d 1026 (2021), affd on other grounds, 370 Or. 474, 521 P.3d 456 (2022), we agree that the trial court erred and accept the state's concession as well taken.
We need not reach defendant's assignment regarding the $1,000 DUII fine imposed pursuant to ORS 813.010(6), because defendant will have an opportunity at resentencing to address that issue. Id. at 446.
Portion of judgment requiring defendant to pay a $255 DUII fee vacated; remanded for resentencing; otherwise affirmed.