State v. Dickinson ( 2022 )

527
On appellant’s petition for reconsideration filed March 24; reconsideration
allowed, disposition (318 Or App 553, 507 P3d 346) modified; in Case No.
16CR65757, portion of judgment requiring defendant to pay $100 bench
probation fee reversed, otherwise affirmed; in Case Nos. 19CR10134 and
19CR48307, affirmed May 11, 2022
STATE OF OREGON,
Plaintiff-Respondent,
v.
TODD EDWARD DICKINSON,
Defendant-Appellant.
Linn County Circuit Court
19CR10134, 19CR48307, 16CR65757;
A172391 (Control), A172392, A173526, A173652
509 P3d 195
David E. Delsman, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Joel C. Duran, Deputy Public Defender, for peti-
tion.
Before Tookey, Presiding Judge, and Aoyagi, Judge, and
Sercombe, Senior Judge.
PER CURIAM
Reconsideration allowed; disposition modified. In Case
No. 16CR65757, portion of judgment requiring defendant to
pay $100 bench probation fee reversed; otherwise affirmed.
In Case Nos. 19CR10134 and 19CR48307, affirmed.
528 State v. Dickinson
PER CURIAM
In this consolidated case involving three appeals,
defendant petitions for reconsideration of our per curiam
opinion, State v. Dickinson, 318 Or App 553, 507 P3d 346
(2022), in which we concluded in Case No. 16CR65757 that
“the trial court erred by imposing a $100 bench probation
fee outside of defendant’s presence[.]” Id. at 554. Our dis-
position stated, “In Case No. 16CR65757, portion of judg-
ment requiring defendant to pay $100 bench probation fee
vacated; remanded for resentencing; otherwise affirmed.
In Case Nos. 19CR10134 and 19CR48307, affirmed.” Id.Defendant seeks reconsideration, asking that we amend our
disposition.
In 2021, effective January 1, 2022, the legislature
repealed the probation fee. See Or Laws 2021, ch 653, § 3
(amending ORS 137.540(8) to delete requirement that, “[i]f
the court orders that probation be supervised by the court,
the defendant shall pay a fee of $100 to the court.”). The
amendment applies to all sentences imposed after January 1,
2022. Or Laws 2021, ch 653, § 8. Defendant’s resentencing
would occur after January 1, 2022. Thus, on resentencing
on remand, the trial court would have no authority to reim-
pose the probation fee.
We therefore allow reconsideration to modify the
disposition to reverse the bench probation fee and to delete
the remand for resentencing.
Reconsideration allowed; disposition modified.
In Case No. 16CR65757, portion of judgment requiring
defendant to pay $100 bench probation fee reversed; other-
wise affirmed. In Case Nos. 19CR10134 and 19CR48307,
affirmed.