STATE v. POSTLETHWAIT (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Alexander John POSTLETHWAIT, Defendant-Appellant.

A168635 (Control)

Decided: March 18, 2020

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah Laidlaw, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna Hershey, Assistant Attorney General, filed the brief for respondent.

In these consolidated cases, defendant appeals from judgments of conviction in two criminal cases. We reject without discussion defendant’s challenges to imposition of a fine in one of the cases and conditions of probation in both cases. Defendant also appeals from a judgment revoking his probation in one of the cases, 18CR37684, arguing 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 $25 probation fee for the first time in the judgment. We agree and accept the state’s concession. See State v. Pacho, 300 Or. App. 398, 450 P.3d 1033 (2019) (correcting similar error).

In 18CR49270, affirmed. In 18CR37684, portion of judgment requiring defendant to pay probation violation fee vacated; remanded for resentencing; otherwise affirmed.

PER CURIAM

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