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STATE v. LOVINGIER

A160184.

380 P.3d 326 (2016)

280 Or.App. 629

STATE of Oregon, Plaintiff-Respondent, v. Trajan Lewallen LOVINGIER, Defendant-Appellant.

Court of Appeals of Oregon.

August 31, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and John Evans, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Carson L. Whitehead, Assistant Attorney General, filed the brief for respondent.

Before Sercombe, Presiding Judge, and Tookey, Judge, and DeHoog, Judge.

PER CURIAM

Defendant appeals a judgment of conviction for third-degree theft. ORS 164.043. He assigns error to the trial court's imposition, in the judgment, of a $60 "Mandatory State Amt." Defendant asserts that the trial court lacked statutory authority to impose that assessment. The state concedes that the trial court lacked authority to impose the $60 assessment and that that portion of the judgment should be reversed. We agree, and accept the state's concession...

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