State v. Brandner

No. 120             February 19, 2026                  331

   This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
         except as provided in ORAP 10.30(1).

          IN THE COURT OF APPEALS OF THE
                  STATE OF OREGON

               STATE OF OREGON,
                Plaintiff-Respondent,
                          v.
             JASON LEE BRANDNER,
                Defendant-Appellant.
             Lane County Circuit Court
  22CR35838, 22CR55550; A182939 (Control), A182940

  Bradley A. Cascagnette, Judge.
  Submitted July 9, 2025.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Brett J. Allin, Deputy Public Defender, Oregon
Public Defense Commission, filed the brief for appellant.
   Dan Rayfield, Attorney General, Benjamin Gutman,
Solicitor General, and Carson L. Whitehead, Assistant
Attorney General, filed the brief for respondent.
  Before Ortega, Presiding Judge, Joyce, Judge, and
Hellman, Judge.
  ORTEGA, P. J.
   Portion of judgment requiring defendant to pay all fees
assessed for participation in programs reversed; otherwise
affirmed.
332                                      State v. Brandner

        ORTEGA, P. J.
         In this consolidated criminal appeal, defendant
challenges aspects of the trial court’s judgments revoking
probation. He first challenges the imposition of a term in
the judgment in case number 22CR35838 requiring him to
pay jail program fees that had not been announced at sentencing. He further argues that the court erred by providing
notice in the judgments that a collection fee may be imposed
pursuant to ORS 1.202.
         The state concedes that the trial court erred by
imposing program fees that were not announced at sentencing in case number 22CR35838 and agrees that we should
reverse that provision in the judgment without remanding
for resentencing. As defendant acknowledges, our reversal
on his first assignment of error renders harmless any error
related to collection fees because the judgments did not
impose a monetary obligation aside from program fees.
         Portion of judgment requiring defendant to pay all
fees assessed for participation in programs reversed; otherwise affirmed.