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STATE v. CURTIS

021051055; A138696.

228 P.3d 1216 (2010)

234 Or. App. 287

STATE of Oregon, Plaintiff-Respondent, v. Jeremy Wilson CURTIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 10, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Irene B. Taylor, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Harry B. Wilson, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for driving while under the influence of intoxicants, ORS 813.010, and reckless driving, ORS 811.140. We write only to address his fourth assignment of error, in which he contends that, because ORS 423.570(6)(b) provides that, "[i]n cases of financial hardship or when otherwise advisable in the interest of the released person's rehabilitation[,]" the trial court "may waive or reduce the amount of the fee for any...

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