STATE v. ROBINSON (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Jerry Lee ROBINSON, Defendant-Appellant.

A170304

Decided: October 28, 2020

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

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

Defendant, who was serving probation as a result of his conviction for second-degree child neglect, appeals a judgment revoking his probation. He argues that the trial court erred in imposing a $25 probation-violation fee that was not announced in open court and in failing to allow defendant to represent himself during the probation-violation proceedings. We reject without discussion defendant's argument concerning self-representation. As to defendant's argument 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 fee for the first time in the judgment. We agree and accept the state's concession. See State v. Vierria, 307 Or. App. 46, ––– P.3d –––– (2020) (correcting similar error); State v. Pacho, 300 Or. App. 398, 450 P.3d 1033 (2019) (same).

Portion of judgment requiring defendant to pay $25 probation-violation fee vacated; remanded for resentencing; otherwise affirmed.

PER CURIAM

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