State v. Sims ( 2020 )

367
Submitted January 27; portion of judgment requiring defendant to pay $255
DUII conviction fee and $100 bench probation fee reversed, otherwise affirmed
February 20, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
ALFRED LYNN SIMS,
aka Alfred L. Sims,
Defendant-Appellant.
Multnomah County Circuit Court
18CR26758; A169162
457 P3d 1118
Leslie M. Roberts, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Stacy M. Du Clos, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Colm Moore, Assistant Attorney
General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and
James, Judge.
PER CURIAM
Portion of judgment requiring defendant to pay $255
DUII conviction fee and $100 bench probation fee reversed;
otherwise affirmed.
368 State v. Sims
PER CURIAM
Defendant was convicted of reckless driving, ORS
811.140, and sentenced to probation. On appeal, he argues
that the trial court erred in imposing a $255 driving under
the influence of intoxicants (DUII) conviction fee and a $100
bench probation fee. He also argues that the trial court
erred in imposing $1,181.44 in restitution for 32 hours of the
victim’s lost wages. We reject without discussion defendant’s
challenge to the imposition of restitution. The state concedes
that the trial court erred in imposing the DUII conviction
fee and bench probation fee. As the parties acknowledge, the
DUII conviction fee was erroneously imposed because defen-
dant was not convicted of DUII. On review of the record,
we conclude that it is clear that the trial court intended to
waive the bench probation fee. See generally State v. Sankey,
289 Or App 846, 409 P3d 73 (2018) (reversing $255 DUII
conviction fee and $100 bench probation fee where record
was clear that the court intended to waive them).
Portion of judgment requiring defendant to pay $255
DUII conviction fee and $100 bench probation fee reversed;
otherwise affirmed.