Opinion

State v. Morter

  • 319 Or. App. 454
  • 508 P.3d 598
Court
Court of Appeals of Oregon
Filed
May 4, 2022
Status
Published
Cited by
4 cases
Authority
More cited than 68.7%

dismissing appeal from probation-violation judgment that was mooted by completion of sentence

How later courts described this case

  • dismissing appeal from probation-violation judgment that was mooted by completion of sentence

Written by the judges who cited it.

The opinion

454

Submitted April 11, appeals dismissed as moot May 4, 2022

STATE OF OREGON,

Plaintiff-Respondent,

v.

MACKENZIE AUSTIN MORTER,

Defendant-Appellant.

Yamhill County Circuit Court

18CR64414, 19CR11056;

A174655 (Control), A174656

508 P3d 598

John L. Collins, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate

Section, and Mark Kimbrell, Deputy Public Defender, Office

of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman,

Solicitor General, and Timothy A. Sylwester, Assistant

Attorney General, filed the brief for respondent.

Before Powers, Presiding Judge, and Lagesen, Chief Judge,

and Hellman, Judge.

PER CURIAM

Appeals dismissed as moot.

Cite as 319 Or App 454 (2022) 455

PER CURIAM

In these consolidated cases concerning convic-

tions for driving under the influence of intoxicants (DUII),

defendant appeals from judgments revoking his probation

and sentencing him to 30 days in jail in one case and 45

days in jail in the other case, arguing that the trial court

plainly erred in accepting his admissions to numerous pro-

bation violations. The state asserts that the case is moot,

given that the jail sentences have long since been served.

In response, defendant argues that the stigma associated

with probation revocations is essentially the same as the

stigma associated with a conviction or a contempt sanction.

We disagree that this leads to a conclusion that the case is

not moot; the stigma of DUII convictions is essentially the

same whether or not a defendant serves 30 or 45 days in

jail on those convictions. This court has consistently held

that cases in this posture are moot. See, e.g., State v. Smith

(A134313), 223 Or App 250, 195 P3d 467 (2008) (dismissing

appeal from probation-violation judgment that was mooted

by completion of sentence); State v. Dick, 169 Or App 649, 10

P3d 315 (2000) (same); cf., Dunn v. Board of Parole, 310 Or

App 249, 487 P3d 410, rev den, 368 Or 702 (2021) (challenge

to post-prison supervision jail sanction mooted by comple-

tion of sanction).

Appeals dismissed as moot.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.