State v. Banks

Once again, the court is required to confront the provisions of ORAP 5.45(1) and determine whether the error claimed for the first time on appeal is error apparent on the face of the record, and, if it is, whether this court should exercise its discretion to correct it. The majority concludes that the initial criteria under the rule are satisfied and proceeds to exercise its discretion to remand for resentencing. I disagree with the majority’s decision for the reasons that follow.

The majority’s decision perpetuates this court’s jurisprudence in State v. Jury, 185 Or App 132, 57 P3d 970…