426 P.3d 249
Or. Ct. App.2018Background
- Defendant's probation was revoked and the trial court entered a judgment revoking probation.
- The judgment imposed court-appointed attorney fees of $215 (less prior contributions) and a $25 probation violation fee.
- Defendant appealed, arguing both fees were imposed improperly because the court did not announce them in his presence at sentencing.
- The State conceded the attorney-fee imposition was error but defended the $25 probation violation fee, arguing the court's intent to impose it was clear from the circumstances and statute.
- At the sentencing hearing the State recommended the probation-violation fee; defense counsel said he had nothing to add; the court did not expressly announce either fee in open court.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument | Held |
|---|---|---|---|
| Whether court-appointed attorney fees were validly imposed without announcement in open court | Fee properly imposed (State later concedes error) | Fee invalid because not announced in defendant's presence | Reversed — attorney fees improperly imposed because not announced in open court |
| Whether the $25 probation-violation fee was validly imposed without express announcement | Fee required by statute and circumstances showed court intended to impose it; defendant failed to object | Fee invalid because it was not announced in defendant's presence | Reversed — probation-violation fee also invalid; announcement cannot be implied here |
| Whether defendant needed to preserve objection at sentencing | Court required fee; defendant should have objected | No preservation required where fee was not announced in open court | Preservation not required; error stands because fee was not pronounced in open court |
Key Cases Cited
- State v. White, 269 Or. App. 255 (Or. App. 2015) (discussing when a court has imposed obligations in defendant's presence)
- State v. Lewis, 236 Or. App. 49 (Or. App. 2010) (preservation not required when sentence elements are not announced in open court but appear only in the judgment)
- State v. Jacobs, 200 Or. App. 665 (Or. App. 2005) (defendant has right to have sentence pronounced in open court)