State v. Torrez

Defendant was convicted of first-degree forgery after attempting to cash a forged United States Treasury check. On appeal, she argues that her conduct constituted second-degree forgery, ORS 165.007, and that the court plainly erred by entering a conviction for first-degree forgery. The state concedes that the trial court plainly erred in that regard and urges us to remand for entry of a conviction for second-degree forgery instead. We agree with and accept the state’s concession.

Under ORS 165.007(1), a person commits the crime of forgery in the second degree if, with intent to injure or…