State v. Machado

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Sentencing
  • Date Filed: 05-04-2016
  • Case #: A158365 (Control), A158366, A158367
  • Judge(s)/Court Below: Per Curiam; Duncan, P.J.; Devore, J.; Flynn, J.
  • Full Text Opinion

Under ORS 153.633(1), the first $60 of any fine imposed on a criminal defendant is to go to the state, the statute does not authorize a court to impose an additional $60 "mandatory state amount" fine.

In this consolidated appeal, Defendant appealed the trial court's imposition of the an additional $60 "Mandatory State Amt." fine under ORS 153.633(1). In the written judgment the trial court imposed a $1,690 fine and an additional $60 “Mandatory State Amt.” The Court found that the trial court lacked the statutory authority to impose the additional $60 fee, because under ORS 153.633(1) the first $60 of any fine is to go to the state, the statute does not authorize a court to impose an additional $60 "mandatory state amount" fine. Portion of the judgment in A158366 requiring defendant to pay the $60 “Mandatory State Amt” reversed; A158365 and A158367 affirmed.

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