Oregon Appellate Ct - Feb 1, 2017

by: Sara Werboff • February 5, 2017 • no comments

Garner v. Premo, 283 Or App 494 (2017) (Hadlock, C.J.)

State v. Runnels, 283 Or App 512 (2017) (Armstrong, P.J.)

State v. Madden, 283 Or App 524 (2017) (Sercombe, P.J.)

State v. Rodriguez, 283 Or App 536 (2017) (Sercombe, P.J.)

State v. Sahli, 283 Or App 545 (2017) (Sercombe, P.J.)

State v. Scott, 283 Or App 566 (2017) (Garrett, J.)

DHS v. S.J.M., 283 Or App 592 (2017) (DeHoog, J.)

Per Curiam - Attorney Fees - Trial Court Plainly Erred in Imposing Attorney Fees

The court accepts the state's concession that the trial court plainly erred in imposing $1,144 in court-appointed attorney fees and exercises its discretion to correct the error in light of the amount of fees, defendant's lengthy prison sentence, and the fact that the record would not support a finding that defendant could pay the fees.

State v. Ortiz, 283 Or App 610 (2017) (per curiam)

Per Curiam - State Failed to Prove that Defendant Violated Restraining Order

The court concludes that defendant was entitled to a judgment of acquittal on a contempt charge alleging he violated a FAPA order. The order precluded defendant from coming within 150 feet of the petitioner's current or future residence. The order withheld the address for safety reasons and instead supplied a "safe contact" address where defendant was to mail emergency monetary assistance. Defendant showed up at that address and was charged with contempt. The state concedes that it failed to prove that defendant violated the order because it did not present any evidence that the safe contact address was the petitioner's current or future address and the order did not prohibit defendant's presence at the safe contact address.

State v. Ugalde, 283 Or App 612 (2017) (per curiam)

Per Curiam - Civil Commitment - Reversal Required for Failure to Advise of Rights

The court accepts the state's concession that the trial court plainly erred when it failed to advise appellant of his rights under ORS 426.100(1).

State v. M.M.P., 283 Or App 615 (2017) (per curiam)