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Oregon Appellate Court, June 19, 2019

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by: Rankin Johnson • June 21, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

In addition, the Court of Appeals again declined to consider unpreserved error of imposing REPO sentence rather than presumptive sentence upon revocation.

State v. Waldron 298 Or App 180 (June 19, 2019) (Lagesen) (Washington County, Bailey)

SEARCH AND SEIZURE - Remedy for multipart warrant with invalid part

In state's appeal, trial court erred in suppressing all fruits of warrant, rather than the fruits of the unlawful part of the warrant. Reversed and remanded.

State v. Frischman 298 Or App 186 (June 19, 2019) (Lagesen) (Jackson County, Hoppe)

MENS REA - Knowledge requirement for UUMV and PSV prosecution

Evidence was sufficient to prove that defendant knew motor vehicle was stolen. Affirmed.

Defendant was arrested while he was in a stolen Subaru of a make and model that could be started with an aftermarket 'electronic ignition bypass system' and a computer chip. Defendant was carrying the necessary computer chip on a lanyard around his neck, but the victim did not use a chip to operate the vehicle. The Subaru had no license plates, but rather a trip permit with visible alterations. Inside the Subaru were its license plates and another license plate that had previously been in a stolen vehicle. Three sets of 'jiggle keys,' modified keys used to steal cars, were inside the car, along with blank DMV forms, the remnants from an apparent fake bill of sale, and a suspicious DMV transaction receipt with a slightly-changed VIN.

State v. Connelly 298 Or App 217 (June 19, 2019) (Tookey) (Washington County, Erwin)

RIGHT TO JURY TRIAL - Waiver of jury trial

Trial court erred in denying, on the basis that the jury had already been summoned and the belief that the jury could better protect defendant's rights, defendant's proffered jury-trial waiver. Reversed and remanded.

State v. Ames 298 Or App 227 (June 19, 2019) (Shorr) (Coos County, Barron)

CRIMINAL MISCHIEF - Value of property damaged

Breaking a copper pipe destined for salvage was 'damage' even though its value was unaffected. Affirmed.

The court explained: for purposes of the variety of criminal mischief at issue, 'damage' was not limited to economic damage.

State v. Jones 298 Or App 264 (June 19, 2019) (Landau) (Multnomah County, Silver)

SENTENCING - Discretionary fines and fees

Trial court plainly erred in failing to exercise discretion as to whether to impose a $255 DUII conviction fee on indigent defendant. Reversed and remanded.

State v. Kern 298 Or App 274 (June 19, 2019) (Per curiam) (Lane County, Vogt)