State v. Colton , 311 Or. App. 224 ( 2021 )

224
Submitted April 6; portion of judgment requiring defendant to pay
$255 conviction fee vacated, remanded for resentencing, otherwise affirmed
May 5, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
LORRAINE JEAN COLTON,
Defendant-Appellant.
Linn County Circuit Court
18CR81552; A172439
486 P3d 67
Rachel Kittson-MaQatish, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Peter G. Klym, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jennifer S. Lloyd, Assistant Attorney
General, filed the brief for respondent.
Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
PER CURIAM
Portion of judgment requiring defendant to pay $255
conviction fee vacated; remanded for resentencing; other-
wise affirmed.
Cite as 311 Or App 224 (2021) 225
PER CURIAM
Defendant, who was convicted of driving under
the influence of intoxicants (DUII), ORS 813.010, reckless
driving, ORS 811.140, and possession of methamphetamine,
ORS 475,894(2), argues that the trial court erred in impos-
ing a $255 conviction fee on the DUII conviction because
that fee was not announced in open court at sentencing. The
state concedes the error. Defendant argues that the proper
remedy is to reverse the DUII conviction fee; the state con-
tends that the proper remedy is instead to remand for resen-
tencing. We agree with the state as to the remedy. See State
v. Toombs, 302 Or App 173, 460 P3d 533 (2019) (explaining
why imposition of DUII fee outside defendant’s presence was
error that required resentencing).
Portion of judgment requiring defendant to pay
$255 conviction fee vacated; remanded for resentencing;
otherwise affirmed.