State v. Adams

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 12-02-2015
  • Case #: A154942
  • Judge(s)/Court Below: Duncan, P.J.; DeVore, J.; Flynn, J. Per Curiam
  • Full Text Opinion

Former ORS 137.290(2)(b) (2009) does not apply to cases of DUII and other like cases that have been codified outside of chapter 163.

In this criminal case, Defendant appealed the trial court’s imposition of a fine under ORS Chapter 163. At Defendant’s sentencing hearing, the trial court imposed a $1,500 fine but stated that $1,000 would be suspended pending Defendant’s successful completion of probation. However, in its written judgment, the trial court suspended only $500 of Defendant’s fine. Defendant asserted that the trial court erred by imposing a $500 “Chapter 163 assessment.” Defendant argued that the trial court lacked authority to impose the assessment because (1) the statute that authorized the assessment had been repealed before the date of the charged crime and (2) the statute did not apply to DUII. The state conceded the trial court’s error, and the Court agreed. Portion of judgment imposing $500 Chapter 163 assessment reversed; otherwise affirmed.

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