State v. McQuiston

                                   96

 Submitted November 8; portion of judgment requiring defendant to pay $500
   chapter 163 assessment reversed, otherwise affirmed December 1, 2021


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
               BRETT JOSEPH McQUISTON,
                    Defendant-Appellant.
               Multnomah County Circuit Court
                     17CR37074; A171167
                               

   Jerry B. Hodson, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Matthew Blythe, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Joseph Callahan, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
   PER CURIAM
   Portion of judgment requiring defendant to pay $500
chapter 163 assessment reversed; otherwise affirmed.
Cite as 

 (2021)                              97

        PER CURIAM
         Defendant appeals a judgment of conviction for
reckless driving, ORS 811.140, and resisting arrest, ORS
162.315. On the resisting arrest conviction, the judgment
also imposed a $500 “Chapter 163 assessment.” Defendant
first raises on appeal an evidentiary issue; we reject his
argument on that issue without discussion. Defendant also
argues that the $500 assessment was imposed erroneously.
The statute that authorized such an assessment, former ORS
137.290(2)(b) (2009), has long since been repealed. Defendant
acknowledges that although this assessment appears in the
judgment, it does not appear in the case register, but notes
that this court nonetheless corrects such errors. The state
concedes the error, and we accept that concession. The imposition of the fee was erroneous. See generally State v. Caro,

, 

 (2016) (correcting similar
error). And because a judgment is an enforceable “legal document with potential financial consequences to defendant,”
the fact that the fees do not appear in the case register is
immaterial. State v. Anotta, 

, 

 (2021), quoting State v. Williams, 

, 632
n 1, 

, rev den, 

 (2016).
       Portion of judgment requiring defendant to pay
$500 chapter 163 assessment reversed; otherwise affirmed.