State v. Lindemann

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 08-12-2015
• Case #: A155636
• Judge(s)/Court Below: PER CURIAM; Ortega, P.J.; DeVore, J.; & Garrett, J.

Under ORS 153.633(1), a trial court may not impose additional $60 fees upon a defendant if that court has already imposed penalty fees related to the convictions.

Defendant was convicted of three separate traffic offenses, and was penalized with fines of $250 and $500 for each offense. On top of the fines, the trial court imposed a $60 "minimum state fee" as a penalty for each offense. On appeal, Defendant challenged the $60 fees, arguing that there is no statutory basis for imposing a separate fine. The State conceded this argument, and the Court agreed. Reversed on the issue of the separate $60 fees, otherwise affirmed.

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