State v. Brooks

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 04-26-2017
  • Case #: A159766
  • Judge(s)/Court Below: Duncan, P.J. for the Court; Devore, J.; & Garrett, J.
  • Full Text Opinion

Under ORS 137.030(1), "[T]he right conferred on a defendant . . . includes the right to have his sentence pronounced in open court.” State v. Jacobs, 200 Or App 665, 671, 117 P3d 290 (2005).

Defendant appealed the trial court’s judgment that convicted him of three counts of first-degree sexual abuse, ORS 163.427. Defendant assigned error to the trial court’s imposition of unitary assessments, county assessments, and a $200 fine. On appeal, Defendant argued, and State conceded, that the trial court plainly erred in imposing the county assessments because “it did not impose them in open court; its first reference to them was in the written judgment. Under ORS 137.030(1), "[T]he right conferred on a defendant . . . includes the right to have his sentence pronounced in open court.” State v. Jacobs, 200 Or App 665, 671, 117 P3d 290 (2005). The Court of Appeals held that, because Defendant did not have the opportunity to object to the county assessments, the trial court plainly erred by imposing those fees outside of open court. Portions of judgment requiring Defendant to pay the $25 county assessments reversed; otherwise affirmed. 

Advanced Search