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297 Or. App. 402

439 P.3d 1046

State v. Abulaziz

Court of Appeals of Oregon

Decided May 1, 2019

Court of Appeals of Oregon · decided 2019-05-01

Applies OR 137 § 137.286

Relies on IN THE MATTER OF THE REINSTATEMENT OF GOFORTH · 294 Or. App. 389 - State v. Seidel · State v. Doser

Decided 2019-05-01

PER CURIAM

¶1*403Appealing a judgment of conviction for a number of offenses involving controlled substances, defendant assigns error to, first, the trial court's denial of his motion to suppress evidence seized from his car upon his arrest; second, the trial court's denial of his motion to suppress evidence seized from his house pursuant to a warrant that issued following his arrest; and, in his third and fourth assignments of error, the trial court's imposition of the statutory felony fines on the felony counts based on an erroneous belief that the fines were "mandatory." We reject defendant's first and second assignments of error without further discussion. As to the third and fourth assignments of error, the state concedes that, under State v. Seidel , 294 Or. App. 389, 432 P.3d 304 (2018), rev. den. , 364 Or. 407, 434 P.3d 969 (2019), the court plainly erred when it concluded that the statutory fines on the felony counts were "mandatory" under ORS 137.286, because that provision authorizes waiver of fines. However, we decline to exercise our discretion to correct those errors for reasons similar to those articulated in Seidel . Id . at 396-97, 432 P.3d 304.

¶2Affirmed.

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