State v. Robinson

                                    409

 Submitted September 29; portion of judgment requiring defendant to pay $25
probation violation fee vacated, remanded for resentencing, otherwise affirmed
                                October 28, 2020


                       STATE OF OREGON,
                        Plaintiff-Respondent,
                                  v.
                     JERRY LEE ROBINSON,
                        Defendant-Appellant.
                     Linn County Circuit Court
                        17CR23777; A170304
                                 

   Thomas McHill, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sara F. Werboff, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Adam Holbrook, 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 $25 probation violation fee vacated; remanded for resentencing;
otherwise affirmed.
410                                         State v. Robinson

        PER CURIAM
         Defendant, who was serving probation as a result of
his conviction for second-degree child neglect, appeals a judgment revoking his probation. He argues that the trial court
erred in imposing a $25 probation-violation fee that was not
announced in open court and in failing to allow defendant
to represent himself during the probation-violation proceedings. We reject without discussion defendant’s argument
concerning self-representation. As to defendant’s argument
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 fee for the
first time in the judgment. We agree and accept the state’s
concession. See State v. Vierria, 

, 

(2020) (correcting similar error); State v. Pacho, 

, 

 (2019) (same).
        Portion of judgment requiring defendant to pay $25
probation-violation fee vacated; remanded for resentencing;
otherwise affirmed.