- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 08-06-2014
- Case #: A152701
- Judge(s)/Court Below: Hadlock, J., vice Haselton, C. J. for the Court; Tookey, P.J.; and De Muniz, S.J.
- Full Text Opinion
Defendant appealed a judgment reflecting her conviction of four misdemeanors: driving under the influence of intoxicants (DUII), driving while suspended, and two counts of failure to appear. Defendant was convicted by a jury. The court imposed a sentence of five months in jail and a fine of $2,000. Defendant argued that the court erred in fining her $2,000 under ORS 813.010(6) because she was also being sentenced to a "term of imprisonment." The Court found that under ORS 813.010(6), the trial court erred in imposing the $2,000 fine because she was subjected to a "term of imprisonment." However, under ORS 161.635(1)(a), the trial court could exercise its discretion and fine Defendant anything not to exceed $6,250 for a Class A misdemeanor. Because it was unclear which statute the court used to impose the fine, the Court vacated the $2,000 fine and remanded for resentencing. $2,000 fine on DUII conviction vacated; remanded for resentencing; otherwise affirmed.