Date: 11-20-2024

Case Style:

State of Oregon v. Shane Tyler McVay

Case Number: 21CR61995

Judge: Michelle P. Bassi

Court: Circuit Court, Lane County, Oregon

Plaintiff's Attorney: Lane County, Oregon District Attorney's Office

Defendant's Attorney:

Click Here For The Best Eugene Criminal Defense Lawyer Directory

Description:

Eugene, Oregon criminal defense lawyer represented the Defendant charged with first-degree manslaughter, ORS 163.118 (Count 1), driving under the influence of intoxicants (DUII), ORS 813.010(4) (Count 2), and two counts of recklessly endangering another person, ORS 163.195 (Counts 3 and 4).

Sentencing. In his second assignment of error, defendant argues "the trial court erred when it ordered defendant to pay per diem fees in the judgment" as to Counts 2, 3, and 4 because the court "did not pronounce those fees at sentencing." The state responds that any error was harmless. "We review sentencing decisions for legal error." State v. Tison, 292 Or.App. 369, 372, 424 P.3d 823, rev den, 363 Or. 744 (2018).

"During the pendency of this appeal, we decided [State v. Barr, 331 Or.App. 242, 545 P.3d 772, rev den, 372 Or. 720 (2024)], which is controlling and requires that we remand for resentencing in this case." State v. Schay-Vivero, 333 Or.App. 168, 169, 552 P.3d 150 (2024). "[B]ecause-as is the case here-the trial court 'did not address per diem fees at the sentencing hearing,'" id. at 169-70 (quoting Barr, 331 Or.App. at 244), we therefore remand for resentencing, based on the error in sentencing on Counts 2, 3, and 4.

State v. McVay, 336 Or.App. 354, A180385 (Or. App. Nov 20, 2024)

Outcome: Remanded for resentencing; otherwise affirmed.

Plaintiff's Experts:

Defendant's Experts:

Comments: