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State v. Roman-Gonzalez

Court of Appeals of Oregon

May 29, 2014

STATE OF OREGON, Plaintiff-Respondent,
v.
LUIS FERNANDO ROMAN-GONZALEZ, Defendant-Appellant

Submitted March 26, 2014

Washington County Circuit Court. C112339CR. Thomas W. Kohl, Judge.

Peter Gartlan, Chief Defender, and Jedediah Peterson, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and DeVore, Judge, and Edmonds, Senior Judge.

OPINION

Page 736

[263 Or.App. 321] PER CURIAM

Defendant appeals and seeks reversal of his convictions for attempted murder with a firearm, first-degree assault with a firearm, and unlawful use of a weapon with a firearm.[1] In his first assignment of error, defendant contends that the trial court erroneously admitted evidence that defendant had engaged in plea discussions with the district attorney. In his second, third, fourth, and fifth assignments of error, defendant challenges the trial court's admission of several of the state's exhibits at trial. We reject defendant's first through fifth assignments of error without further discussion. We write only to address defendant's sixth assignment of error in which he contends that the trial court committed plain error in imposing a $500 unitary assessment for the crime of attempted murder, relying on State v. Becker, 171 Or.App. 721, 722, 15 P.3d 1264 (2000), for the proposition that former ORS 137.290(2)(b) (2009)[2] does not authorize a unitary assessment for " an attempt crime."

The state concedes that, for the reasons advanced by defendant, the trial court committed plain error when it imposed the assessment. We agree and accept the state's concession. See ORAP 5.45(1); Ailes v. Portland Meadows, Inc., 312 Or. 376, 382, 823 P.2d 956 (1991) (court has discretion to review unpreserved error of law apparent on the face of the record). For the reasons expressed in State v. Rowling, 259 Or.App. 290, 291, 313 P.3d 386 (2013), rev den, 354 Or. 735, 320 P.3d 567 (2014), we exercise our discretion to correct the error in this case.

Remanded for entry of a judgment omitting the $500 unitary assessment on the attempted murder conviction; otherwise affirmed.


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