State v. Dickinson ( 2022 )

553
Submitted January 24; in Case No. 16CR65757, portion of judgment requiring
defendant to pay $100 bench probation fee vacated, remanded for resentencing,
otherwise affirmed; in Case Nos. 19CR10134 and 19CR48307, affirmed
March 23, 2022
STATE OF OREGON,
Plaintiff-Respondent,
v.
TODD EDWARD DICKINSON,
Defendant-Appellant.
Linn County Circuit Court
19CR10134, 16CR65757, 19CR48307;
A172391 (Control), A172392,
A173526, A173652
507 P3d 346
David E. Delsman, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Joel C. Duran, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Philip Thoennes, Assistant Attorney
General, filed the brief for respondent.
Before Tookey, Presiding Judge, and Aoyagi, Judge, and
Sercombe, Senior Judge.
PER CURIAM
In Case No. 16CR65757, portion of judgment requir-
ing defendant to pay $100 bench probation fee vacated;
remanded for resentencing; otherwise affirmed. In Case
Nos. 19CR10134 and 19CR48307, affirmed.
554 State v. Dickinson
PER CURIAM
In this consolidated appeal of three cases, defen-
dant raises five assignments of error. We reject all of the
assignments without discussion, except the fifth assign-
ment of error, in which defendant contends that the trial
court erred by imposing a $100 bench probation fee outside
of defendant’s presence, in Case No. 16CR65757. The state
concedes the error. We agree and accept the state’s conces-
sion. State v. Baccaro, 300 Or App 131, 137, 452 P3d 1022
(2019). Accordingly, in Case No. 16CR65757, we vacate the
portion of the judgment requiring defendant to pay a $100
bench probation fee and remand for resentencing. We affirm
the other two cases.
In Case No. 16CR65757, portion of judgment requir-
ing defendant to pay $100 bench probation fee vacated;
remanded for resentencing; otherwise affirmed. In Case
Nos. 19CR10134 and 19CR48307, affirmed.