State v. Tison, 424 P.3d 823

Defendant convicted by jury of one count reckless driving and two counts DUII (Class A misdemeanors).
At sentencing the trial court orally pronounced a $1,500 fine for each DUII conviction and said it would not require payment of court-appointed attorney fees.
Written judgments, however, each imposed a $1,755 monetary penalty for the DUII convictions (an extra $255 over the pronounced fines).
The $255 amount corresponds to a statutorily required DUII conviction fee (ORS 813.020(1) / ORS 813.030) that must be imposed unless the court waives it for indigence.
The record contains no express waiver or imposition of the $255 fee and does not clarify the trial court’s intent.
The state concedes error; the appellate court must decide whether to remand for entry of corrected judgments or for full resentencing.

Issue	State's Argument	Defendant's Argument	Held
Whether the written judgments improperly imposed monetary penalties exceeding fines announced at sentencing	The state concedes the written judgments erred but urges remand for further proceedings	Defendant urges reversal and remand only to correct judgments to reflect $1,500 fines per DUII count	Court held the judgments erred by including $1,755; vacated that portion and remanded for resentencing
Whether appellate court should simply correct the judgments to $1,500 or remand for resentencing to decide the $255 fee	Argues remand for further proceedings is appropriate to permit trial court to determine whether to impose the statutory $255 fee	Argues ORS 138.222(5)(a) permits simple correction to $1,500 without resentencing	Court held simple correction would frustrate legislative goal of imposing the $255 fee when not waived; remanded for resentencing so trial court can decide whether to impose or waive the fee

State v. Lewis, 236 Or. App. 49 (Court of Appeals of Or.) (preservation not required when sentence component not announced in open court)
State v. Beckham, 253 Or. App. 609 (Court of Appeals of Or.) (interpretation of ORS 138.040 remand scope for sentencing errors)
State v. Johnson, 260 Or. App. 176 (Court of Appeals of Or.) (remand under ORS 138.222 in felony probation-revocation context)
State v. Sankey, 289 Or. App. 846 (Court of Appeals of Or.) (error to impose DUII conviction fee outside presence of defendant)
State v. Hurst, 282 Or. App. 915 (Court of Appeals of Or.) (error to impose a fine not announced in open court)
State v. White, 269 Or. App. 255 (Court of Appeals of Or.) (error to impose court-appointed attorney fees not announced at sentencing)
State v. Frier, 264 Or. App. 541 (Court of Appeals of Or.) (remand appropriate when record unclear whether trial court believed fee/fine mandatory or discretionary)

Portion of each judgment requiring payment of $1,755 vacated; remanded for resentencing; otherwise affirmed.