State v. Aldeguer , 300 Or. App. 639 ( 2019 )

639
Argued and submitted August 2, 2018; in Case Nos. 16CR08687, 16CR18535,
and 16CR44055, portions of judgments requiring defendant to pay $100 bench
probation fees vacated, remanded for resentencing, otherwise affirmed
November 20, 2019
STATE OF OREGON,
Plaintiff-Respondent,
v.
ZACHARY DEAN ALDEGUER,
aka Zachary Aldeguer,
Defendant-Appellant.
Josephine County Circuit Court
16CR08687, 16CR18535, 16CR44055;
A163947 (Control), A163948, A163949
452 P3d 1026
Michael Newman, Judge.
Kali Montague, Deputy Public Defender, argued the cause
for appellant. Also on the briefs was Ernest G. Lannet,
Chief Defender, Criminal Appellate Section, Office of Public
Defense Services.
Lauren P. Robertson, Assistant Attorney General, argued
the cause for respondent. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
Before Lagesen, Presiding Judge, and DeVore, Judge, and
Landau, Senior Judge.
PER CURIAM
In Case Nos. 16CR08687, 16CR18535, and 16CR44055,
portions of judgments requiring defendant to pay $100 bench
probation fees vacated; remanded for resentencing; other-
wise affirmed.
640 State v. Aldeguer
PER CURIAM
In this consolidated criminal appeal, defendant
appeals judgments of conviction for five misdemeanors.
Defendant was sentenced to bench probation on each count.
On appeal, he challenges the sentencing court’s imposition
on each count of the $100 bench probation fee mandated by
ORS 137.540. He contends that the court erred by impos-
ing those fees outside his presence and, further, that the
error requires reversal. In State v. Baccaro, 300 Or App 131,
452 P3d 1022 (2019), we resolved an identical claim of error
in a manner favorable to defendant’s position. For the rea-
sons stated there, we vacate the portions of the judgments
requiring defendant to pay $100 bench probation fees and
remand for resentencing.
In Case Nos. 16CR08687, 16CR18535, and 16CR44055,
portions of judgments requiring defendant to pay $100 bench
probation fees vacated; remanded for resentencing; other-
wise affirmed.