State v. Flores-Celestino

Defendant, who was convicted of kidnapping in the second degree, ORS 163.225, and sentenced to a term of probation, challenges an amended judgment revoking his probation and sentencing him to a term of imprisonment. Defendant concedes that he did not make the argument that he now makes on appeal when he appeared before the trial court, but he asks us to exercise our discretion to correct the trial court’s plain error. See Ailes v. Portland Meadows, Inc., 312 Or 376, 381-82, 823 P2d 956 (1991) (court may exercise its discretion to review an unpreserved error of law that is obvious and that…