State v. Griffin , 301 Or. App. 839 ( 2020 )

839
Submitted December 30, 2019; portion of judgment requiring defendant to pay
“Chapter 163 Assessment” reversed, otherwise affirmed January 23, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
SCOTT ROBERT GRIFFIN,
Defendant-Appellant.
Lake County Circuit Court
17CR20485; A167728
456 P3d 384
Robert F. Nichols, Jr., Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah De La Cruz, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Christopher Page, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Aoyagi, Judge,
and Kistler, Senior Judge.
PER CURIAM
Portion of judgment requiring defendant to pay “Chapter
163 Assessment” reversed; otherwise affirmed.
840 State v. Griffin
PER CURIAM
Defendant, who was convicted of fourth-degree
assault, ORS 163.160, argues on appeal, among other things,
that the trial court plainly erred in imposing a “Chapter
163 Assessment” of $500. The state concedes the error and
concedes that the assessment should be reversed. We agree,
accept the concession, and exercise our discretion to correct
the error, for the reasons set forth in State v. Rowling, 259 Or
App 290, 313 P3d 386 (2013) (correcting similar error). We
reject defendant’s remaining arguments without discussion.
Portion of judgment requiring defendant to pay
“Chapter 163 Assessment” reversed; otherwise affirmed.