Legal Opinion

State v. Nichols

Court of Appeals of Oregon

Decided October 19, 2016No. 1310617C; A158579PublishedCited by 4 opinions

1Opinion of the CourtSercombe, P. J.

In this criminal case, defendant appeals a judgment convicting him of second-degree theft. See ORS 164.045(2) (“Theft in the second degree is a Class A misdemeanor”). He challenges the trial court’s imposition of a $3,000 compensatory fine, contending that the court plainly erred in imposing the fine. See ORAP 5.45(1) (“No matter claimed as error will be considered on appeal unless the claim of error was preserved in the lower court and is assigned as error in the opening brief in accordance with this rule, provided that the appellate court may consider an error of law apparent on the…

2Cases cited3 opinions

  1. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  2. State v. GornickOregon Supreme Court · 2006
  3. State v. MooreCourt of Appeals of Oregon · 2010

3Cited by4 opinions

  1. State v. Moreno-HernandezCourt of Appeals of Oregon · 2018
  2. State v. SetereCourt of Appeals of Oregon · 2018
  3. State v. KiemtoreCourt of Appeals of Oregon · 2021
  4. State v. MorrisonCourt of Appeals of Oregon · 2024

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