State v. May

                                   748

 Submitted December 6, 2019; portion of judgment requiring defendant to pay
  a $1,755 DUII fine vacated, remanded for resentencing, otherwise affirmed
                               January 15, 2020


                     STATE OF OREGON,
                      Plaintiff-Respondent,
                                v.
                   DOUGLAS MICHAEL MAY,
                     Defendant-Appellant.
                  Clatsop County Circuit Court
                      18CR48049; A169282
                                

   Richard Baldwin, Judge.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Nora Coon, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Leigh A. Salmon, Assistant Attorney
General, filed the brief for respondent.
  Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
   PER CURIAM
   Portion of judgment requiring defendant to pay a $1,755
DUII fine vacated; remanded for resentencing; otherwise
affirmed.
Cite as 

 (2020)                          749

        PER CURIAM
         Defendant was convicted of attempting to elude,
ORS 811.540, driving under the influence of intoxicants,
ORS 813.010, and reckless endangerment, ORS 163.195. On
appeal, he asserts that the trial court erred in imposing a
fine of $1,755, which exceeded the $1,500 amount that was
announced in open court. The state concedes the error. We
accept the state’s concession. See State v. Zamno, 

, 

 (2019) (error for court to impose fine
greater than amount announced at sentencing hearing).
         Portion of judgment requiring defendant to pay a
$1,755 DUII fine vacated; remanded for resentencing; otherwise affirmed.