333 P.3d 1093
Or. Ct. App.2014Background
- Defendant was convicted by jury of DUII, driving while suspended, and two counts of failure to appear.
- Sentence included 60 months of probation for the DUII conviction and a five-month jail term as a probation condition.
- The court imposed a $2,000 fine on the DUII conviction and stated it was appropriate.
- ORS 813.010(6) requires a mandatory minimum fine for a fourth DUII conviction if applicable.
- The State sought a $2,000 minimum or discretion under ORS 161.635(l)(a); defendant argued the minimum did not apply due to a jail term.
- The Court vacated the $2,000 fine and remanded for resentencing to allow proper calculation under the law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ORS 813.010(6)(c) imposes a mandatory $2,000 fine when a five-month county jail term is ordered. | State argues the statute does not distinguish jail versus prison; may impose or treat as discretionary. | Defendant contends a term of imprisonment includes county jail time, so the $2,000 minimum does not apply. | Term can include jail time; no mandatory $2,000 fine. |
| Whether the court properly exercised discretion under ORS 161.635(l)(a) to set the DUII fine. | State contends the court could exercise discretion to set a different fine up to $6,250. | Defendant argues the court erred by treating the minimum as mandatory rather than discretionary. | Remand to enable proper discretionary determination or apply $1,500 minimum if applicable. |
Key Cases Cited
- State v. Cloutier, 351 Or 68 (Or. 2011) (maximum fine for a Class A misdemeanor DUII is $6,250)
- Holcomb v. Sunderland, 321 Or 99 (Or. 1995) (imprisonment includes time spent in county jail)
- State v. Harrell / Wilson, 353 Or 247 (Or. 2013) (remand to clarify disposition when authority is unclear)
- State v. Gaines, 346 Or 160 (Or. 2009) (helps interpret statutory intent and range in sentencing)