State v. Lee

                                         477
184 v. Lee
State                                                                            303 8,
                                                                                April Or2020
                                                                                         App




    Submitted November 16, 2018; portion of judgment requiring defendant to pay a
       $1,755 DUII fine vacated, remanded for resentencing, otherwise affirmed
                                    April 8, 2020


                            STATE OF OREGON,
                             Plaintiff-Respondent,
                                       v.
                           JOSEPH DUANE LEE,
                            Defendant-Appellant.
                         Harney County Circuit Court
                            16CR59784; A164402
                                    

             W. D. Cramer, Jr., Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Rond Chananudech, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jennifer S. Lloyd, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
             PER CURIAM
   Portion of judgment requiring defendant to pay a $1,755
DUII fine vacated; remanded for resentencing; otherwise
affirmed.
478                                                            State v. Lee

           PER CURIAM
         Defendant appeals a judgment of conviction for
felony driving under the influence of intoxicants (DUII).
Among other terms, defendant was ordered to pay a $1,755
fine. On appeal, defendant challenges the fine, because the
trial court announced in open court that it was imposing
a $1,500 fine on the DUII conviction. The state concedes
that the court erred in imposing a greater DUII fine than
announced and argues that we should vacate the fine and
remand for resentencing. We accept the state’s concession
and agree that the correct disposition is to vacate the fine
and remand for resentencing. See State v. Zamno, 

, 271, 

 (2019) (error for court to impose
DUII fine greater than announced at sentencing hearing;
vacating fine and remanding for resentencing under former
ORS 138.222(5)(a) (2015), repealed by Or Laws 2017, ch 529,
§ 26).1 We reject defendant’s remaining assignment of error
without discussion.
         Portion of judgment requiring defendant to pay a
$1,755 DUII fine vacated; remanded for resentencing; otherwise affirmed.




    1
      Former ORS 138.222 (2015) was repealed in 2017 as part of a comprehensive restructuring of the laws governing criminal appeals. See Senate Bill (SB)
896 (2017); Or Laws 2017, ch 529, § 26. Because the judgment in this case was
entered before January 1, 2018, the effective date of SB 896, the former statute
applies.