311 ORAPP 620 - State v. Deprati

                                    620

Submitted December 17, 2020; portion of judgment imposing $100 bench probation fee reversed, remanded for resentencing, otherwise affirmed May 19, 2021


                      STATE OF OREGON,
                       Plaintiff-Respondent,
                                 v.
                    ERICK WAYNE DEPRATI,
                      Defendant-Appellant.
                    Lane County Circuit Court
                      15CR37302; A171806

487 P3d 58



   Charles M. Zennaché, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Stacy M. Du Clos, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Robert M. Wilsey, Assistant Attorney
General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
   PER CURIAM
   Portion of judgment imposing $100 bench probation fee
reversed; remanded for resentencing; otherwise affirmed.
Cite as

311 Or App 620

 (2021)                           621

        PER CURIAM
        Appealing a judgment of conviction for driving
under the influence of intoxicants, ORS 813.010, defendant
contends that the trial court erroneously terminated diversion and entered judgment pursuant to his plea. For the
reasons stated in State v. Merrill,

311 Or App 487

492 P3d 722

 (2021), ORS 138.105(5) bars review of that contention.
Defendant also assigns error to the imposition of a $100
bench probation fee without announcing it in open court at
sentencing. The state correctly concedes the error. State v.
Baccaro,

300 Or App 131, 137

452 P3d 1022

 (2019).
         Portion of judgment imposing $100 bench probation
fee reversed; remanded for resentencing; otherwise affirmed.