State v. Lea

                                   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
                               

   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, 

, 

 (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.