State v. McRae

                                   577

Argued and submitted October 15; in Case No. 15CR57801, finding of contempt
  on Count 1 reversed, otherwise affirmed; in Case No. 15CR57798, affirmed
 November 14, 2019; petition for review denied January 30, 2020 (

)


                     STATE OF OREGON,
                      Plaintiff-Respondent,
                                v.
                  WILLIAM DAVID McRAE,
                    aka William D. McRae,
                 aka William David McRae, Jr.,
                     Defendant-Appellant.
                Multnomah County Circuit Court
                    15CR57798, 15CR57801;
                  A165510 (Control), A165513
                               

   Kathryn L. Villa-Smith, Judge.
   Stacy M. Du Clos, Deputy Public Defender, argued the
cause for appellant. Also on the brief was Ernest G. Lannet,
Chief Defender, Criminal Appellate Section, Office of Public
Defense Services.
   Timothy A. Sylwester, Assistant Attorney General, argued
the cause for respondent. On the brief were Ellen F.
Rosenblum, Attorney General, Benjamin Gutman, Solicitor
General, and Julia Glick, Assistant Attorney General.
  Before DeHoog, Presiding Judge, Mooney, Judge, and
Hadlock, Judge pro tempore.
   PER CURIAM
   In Case No. 15CR57801, finding of contempt on Count 1
reversed; otherwise affirmed. In Case No. 15CR57798,
affirmed.
578                                           State v. McRae

        PER CURIAM
         In these consolidated cases, defendant challenges
his conviction for second-degree criminal mischief in one
case and the court’s finding of contempt on Count 1 in the
other case. We reject without discussion defendant’s challenge to his second-degree criminal mischief conviction.
With respect to Count 1 in the contempt case, the state concedes that the record does not support the court’s finding
of contempt on that charge. We agree with and accept the
state’s concession that the trial court erred in finding defendant in contempt on Count 1.
        In Case No. 15CR57801, finding of contempt on
Count 1 reversed; otherwise affirmed. In Case No. 15CR57798,
affirmed.