STATE v. DEPRATI (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Erick Wayne DEPRATI, Defendant-Appellant.

A171806

Decided: May 19, 2021

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent.

Appealing a judgment of conviction for driving under the influence of intoxicants, ORS 813.010, defendant contends that the trial court erroneously terminated diversion and entered judgment pursuant to his plea. For the reasons stated in State v. Merrill, 311 Or. App. 487, ––– P.3d –––– (2021), ORS 138.105(5) bars review of that contention. Defendant also assigns error to the imposition of a $100 bench probation fee without announcing it in open court at sentencing. The state correctly concedes the error. State v. Baccaro, 300 Or. App. 131, 137, 452 P.3d 1022 (2019).

Portion of judgment imposing $100 bench probation fee reversed; remanded for resentencing; otherwise affirmed.

PER CURIAM

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