State v. Lea ( 2020 )

363
Submitted January 30; portion of judgment requiring defendant to pay $100
bench probation fee vacated, remanded for resentencing, otherwise affirmed
February 20, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
JOEL ADAM LEA,
Defendant-Appellant.
Josephine County Circuit Court
140792M; A168451
457 P3d 1120
Lindi L. Baker, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah De La Cruz, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Lauren P. Robertson, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Portion of judgment requiring defendant to pay $100
bench probation fee vacated; remanded for resentencing;
otherwise affirmed.
364 State v. Lea
PER CURIAM
Defendant appeals a conviction for driving while
suspended, ORS 811.182. He argues that the trial court
erred in imposing a $100 bench probation fee that was not
announced in open court. 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
reasons stated there, we vacate the portion of the judgment
imposing the bench probation fee.
Portion of judgment requiring defendant to pay $100
bench probation fee vacated; remanded for resentencing;
otherwise affirmed.