STATE v. ALDEGUER (2019)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Zachary Dean ALDEGUER, aka Zachary Aldeguer, Defendant-Appellant.

A163947 (Control), A163948, A163949

Decided: November 20, 2019

Before Lagesen, Presiding Judge, and DeVore, Judge, and Landau, Senior Judge.

Kali Montague, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services. Lauren P. Robertson, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

In this consolidated criminal appeal, defendant appeals judgments of conviction for five misdemeanors. Defendant was sentenced to bench probation on each count. On appeal, he challenges the sentencing court’s imposition on each count of the $100 bench probation fee mandated by ORS 137.540. He contends that the court erred by imposing those fees outside his presence and, further, that the error requires reversal. In State v. Baccaro, 300 Or. App. 131, 452 P.3d 1022 (2019), we resolved an identical claim of error in a manner favorable to defendant’s position. For the reasons stated there, we vacate the portions of the judgments requiring defendant to pay $100 bench probation fees and remand for resentencing.

In Case Nos. 16CR08687, 16CR18535, and 16CR44055, portions of judgments requiring defendant to pay $100 bench probation fees vacated; remanded for resentencing; otherwise affirmed.

PER CURIAM

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