State v. Simkins

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-11-2014
  • Case #: A152269
  • Judge(s)/Court Below: Duncan, P.J. for the Court; and Haselton, C.J.
  • Full Text Opinion

Offense surcharge imposed on crimes not falling under the time frame of the statute constitutes error.

Defendant appealed a trial court order requiring him to pay an "offense surcharge" of $35 for each conviction pursuant to Oregon Laws 2009, chapter 659, section 2. On appeal, defendant argued that the trial court plainly erred in imposing that surcharge because his crimes were committed outside the period of time covered by the authorizing statute. See Or Laws 2009, ch 659, § 2(3) (providing that "[t]he offense surcharge required by this section shall be imposed only for offenses that are committed on or after October 1, 2009, and before July 1, 2011"). The trial court improperly applied the offense surcharges, as they were not authorized by statute. Portion of judgment requiring defendant to pay offense surcharges reversed; otherwise affirmed.

Advanced Search