Portion of judgment requiring defendant to pay $25… · Decided 2020-10-21
366
Submitted September 30; portion of judgment requiring defendant to pay $25
probation-violation fee vacated, remanded for resentencing, otherwise affirmed
October 21, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
MICHAEL GERARD ADDISON,
Defendant-Appellant.
Lane County Circuit Court
18CR63814; A170808
Maurice K. Merten, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kyle Krohn, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Christopher A. Perdue, Assistant
Attorney General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Hadlock, Judge pro tempore.
PER CURIAM
Portion of judgment requiring defendant to pay $25
probation-violation fee vacated; remanded for resentencing;
otherwise affirmed.
Cite as
307 Or App 366
(2020) 367
PER CURIAM
Defendant appeals a judgment revoking probation
on a conviction for fourth-degree assault constituting domestic violence. He argues that the trial court erred in imposing
a $25 probation-violation fee, and in imposing a 50-day jail
sentence. We reject without discussion defendant’s argument
concerning his jail sentence. Defendant argues that the trial
court erred when it imposed a $25 probation-violation fee
that was not announced in open court. The state concedes
that the court erred by imposing the $25 probation-violation
fee for the first time in the judgment. We agree and accept
the state’s concession. See State v. Pacho,
(2019) (correcting similar error).
Portion of judgment requiring defendant to pay $25
probation-violation fee vacated; remanded for resentencing;
otherwise affirmed.
