State v. Lopez

                                378

               Submitted June 4, reversed July 14, 2021


                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
              GERALDO HARRY LOPEZ,
                  Defendant-Appellant.
             Washington County Circuit Court
                  19CR34962; A171912
                             

   Danielle J. Hunsaker, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Stephanie J. Hortsch, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jeff J. Payne, Assistant Attorney
General, filed the brief for respondent.
  Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
   PER CURIAM
   Reversed.
Cite as 

 (2021)                             379

        PER CURIAM
         Defendant appeals his conviction for failure to
report as a sex offender, ORS 163A.040(3)(b). He argues that
the trial court plainly erred in failing to acquit him of that
charge because, under our case law, a release from a correctional facility does not qualify as a “change of residence” for
purposes of ORS 163A.040(3). The state concedes the error
and agrees that we should exercise discretion to correct
the error. We agree and accept the state’s concession. See
State v. Lafountain, 

, 330, 

 (2019)
(correctional facility is not an inmate’s “residence” for the
purposes of the crime of failing to report as a sex offender);
State v. Hoseclaw, 

, 342, 

 (2019)
(treating issue as plain error and exercising discretion to
correct error “in light of the gravity of the error and the
ends of justice”). For the reasons set forth in Hoseclaw, we
exercise our discretion to correct the error.
        Reversed.