Opinion
A174759
08-10-2022
STATE OF OREGON, Plaintiff-Respondent, v. THOMAS EDWARD PFEIFER, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joel C. Duran, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 May 4, 2022
Grant County Circuit Court 19CR75681; A174759 Gregory L. Baxter, Senior Judge. (Judgment November 9, 2020) Robert F. Nichols, Jr, Senior Judge. (Judgment September 18, 2020)
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joel C. Duran, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, fled the brief for respondent.
Before Shorr, Presiding Judge, and Pagán, Judge, and Armstrong, Senior Judge.
PAGAN, J.
Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) following a jury trial. On appeal, he assigns error to the trial court's determination that defendant voluntarily waived his right to testify on his own behalf. We reject that assignment without further discussion except to say that after reviewing the record we conclude that the trial court did not interfere with defendant's right to testify or create circumstances where defendant's choice to waive his right to testify was not voluntary or knowing.
Additionally, defendant assigns separate 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 mandatory-minimum DUII fine. For the reasons stated in State v. Colgrove, 308 Or.App. 441, 444-46, 480 P.3d 1026, rev allowed, 368 Or. 347 (2021), we agree that the trial court erred, and accept the state's concession as well taken.
The questions presented on review to the Oregon Supreme Court did not implicate our analysis in Colgrove with respect to DUII fines and fees.
We need not reach defendant's assignment regarding the $255 intoxicant conviction fee imposed pursuant to ORS 813.030, because defendant will have an opportunity at resentencing to address that issue.
Portion of judgment requiring defendant to pay a $1000 DUII fine vacated; remanded for resentencing; otherwise affirmed.