319 Or. App. 454 - State v. Morter

                                 454

       Submitted April 11, appeals dismissed as moot May 4, 2022


                 STATE OF OREGON,
                  Plaintiff-Respondent,
                            v.
             MACKENZIE AUSTIN MORTER,
                  Defendant-Appellant.
              Yamhill County Circuit Court
                18CR64414, 19CR11056;
               A174655 (Control), A174656

508 P3d 598



  John L. Collins, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Mark Kimbrell, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Timothy A. Sylwester, Assistant
Attorney General, filed the brief for respondent.
  Before Powers, Presiding Judge, and Lagesen, Chief Judge,
and Hellman, Judge.
  PER CURIAM
  Appeals dismissed as moot.
Cite as

319 Or App 454

 (2022)                            455

        PER CURIAM
         In these consolidated cases concerning convictions for driving under the influence of intoxicants (DUII),
defendant appeals from judgments revoking his probation
and sentencing him to 30 days in jail in one case and 45
days in jail in the other case, arguing that the trial court
plainly erred in accepting his admissions to numerous probation violations. The state asserts that the case is moot,
given that the jail sentences have long since been served.
In response, defendant argues that the stigma associated
with probation revocations is essentially the same as the
stigma associated with a conviction or a contempt sanction.
We disagree that this leads to a conclusion that the case is
not moot; the stigma of DUII convictions is essentially the
same whether or not a defendant serves 30 or 45 days in
jail on those convictions. This court has consistently held
that cases in this posture are moot. See, e.g., State v. Smith
(A134313),

223 Or App 250

195 P3d 467

 (2008) (dismissing
appeal from probation-violation judgment that was mooted
by completion of sentence); State v. Dick,

169 Or App 649

10 P3d 315

 (2000) (same); cf., Dunn v. Board of Parole,

310 Or App 249

487 P3d 410

, rev den,

368 Or 702

 (2021) (challenge
to post-prison supervision jail sanction mooted by completion of sanction).
        Appeals dismissed as moot.