State v. Frier

A person who has been ordered to serve time in county jail as a condition of probation has been sentenced to a "term of imprisonment" for purposes of ORS 813.010(6)(c). Accordingly, that person would not be subject to the mandatory minimum $2,000 fine set forth in that statutory subsection; however, if the court wished to exercise its discretion under ORS 161.635(1)(a) in choosing to impose a fine not exceeding $6,250 for a Class A misdemeanor, it could do so.

Defendant appealed a judgment reflecting her conviction of four misdemeanors: driving under the influence of intoxicants (DUII), driving while suspended, and two counts of failure to appear. Defendant was convicted by a jury. The court imposed a sentence of five months in jail and a fine of $2,000. Defendant argued that the court erred in fining her $2,000 under ORS 813.010(6) because she was also being sentenced to a "term of imprisonment." The Court found that under ORS 813.010(6), the trial court erred in imposing the $2,000 fine because she was subjected to a "term of imprisonment." However, under ORS 161.635(1)(a), the trial court could exercise its discretion and fine Defendant anything not to exceed $6,250 for a Class A misdemeanor. Because it was unclear which statute the court used to impose the fine, the Court vacated the $2,000 fine and remanded for resentencing. $2,000 fine on DUII conviction vacated; remanded for resentencing; otherwise affirmed.