303 Or. App. 481 - State v. James

                                                  481
186 v. James
State                                                                                         303 8,
                                                                                             April Or2020
                                                                                                      App




               Argued and submitted July 31, 2018, reversed and remanded with instructions
                  to enter judgment finding defendant in contempt of court April 8, 2020


                                   STATE OF OREGON,
                                    Plaintiff-Respondent,
                                              v.
                               MICHAEL ANTHONY JAMES,
                                   Defendant-Appellant.
                               Columbia County Circuit Court
                                   15CN03692; A164862

464 P3d 464



                  Ted E. Grove, Judge.
   Matthew Blythe, Deputy Public Defender, argued the
cause for appellant. Also on the briefs 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. Also on the brief were Ellen
F. Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
  Before Ortega, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.*
                  PER CURIAM
  Reversed and remanded with instructions to enter judgment finding defendant in contempt of court.




______________
   * Egan, C. J., vice Garrett, J. pro tempore.
482                                           State v. James

        PER CURIAM
          Defendant admitted to contempt of court, ORS
33.065, for failure to pay child support. The court entered a
form judgment that is captioned “Judgment (Misdemeanor/
Violation).” On appeal from that judgment, defendant argues
that the judgment caption erroneously indicates that he
was convicted of a crime or violation, when he was not. See
Johnson/State v. Jung,

255 Or App 507, 508

296 P3d 1287

(2013) (reversing judgment that “convicted” a defendant of
contempt and remanding for entry of a judgment that makes
clear the defendant was found in contempt of court); State v.
Litscher,

207 Or App 565, 568-69

142 P3d 549

 (2006) (contempt of court is neither a crime nor a violation). Although
it is true that we generally treat the body of a judgment as
controlling over a conflicting caption, see State v. Larrance,

256 Or App 850, 851

302 P3d 481

 (2013), we agree with
defendant that the judgment caption erroneously states that
defendant has a judgment of a misdemeanor or violation
entered against him and the body of the judgment does not
correct that error. We thus reverse and remand for the trial
court to enter a corrected judgment that makes clear it is a
judgment finding defendant in contempt of court.
       Reversed and remanded with instructions to enter
judgment finding defendant in contempt of court.