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STATE v. DUNHAM

A178148 (Control) A178154 A178155.

560 P.3d 736 (2024)

336 Or. App. 30

STATE of Oregon, Plaintiff-Respondent, v. Kenneth Marion DUNHAM, aka Kenneth M. Dunham, Defendant-Appellant.

Court of Appeals of Oregon.

November 6, 2024.

Attorney(s) appearing for the Case

Brian Hardingham, California, argued the cause for appellant. Also on the briefs were Public Justice, California; Sonja Good Stefani and Metropolitan Public Defender; Emily Teplin Fox, Kelsey Heilman and Oregon Law Center. Also on the opening brief was John He, California.

Colm Moore, Assistant Attorney General, Portland, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Aliza B. Kaplan and Lewis & Clark Law School filed the brief amicus curiae for Lewis & Clark Law School Criminal Justice Reform Clinic, American Civil Liberties Union, Inc., Oregon Tradeswoman, Oregon Consumer Justice, Fines & Fees Justice Center, and National Consumer Law Center.

Rosalind M. Lee and Nora E. Coon filed the brief amicus curiae for Oregon Criminal Defense Lawyers Association.

Before Aoyagi, Presiding Judge, Egan, Judge, and Kistler, Senior Judge.

In each of these consolidated criminal cases, defendant moved the trial court to waive or convert to community service the unpaid fines, unitary assessments, and costs imposed on him years ago as part of his sentencing for various criminal convictions. Defendant represented to the court that he cannot afford to pay those financial...

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