State v. Easton

• Court: Oregon Court of Appeals
• Area(s) of Law: Sentencing
• Date Filed: 05-04-2016
• Case #: A158376
• Judge(s)/Court Below: Per Curiam; Duncan, P.J.; Flynn, J.; Haselton, S.J.

Under ORS 153.633(1), if a court imposes a fine in a criminal case, the first $60 (or the entire fine, if it is less than $60) is payable to the state, the statute does not authorize a court to impose an additional $60 "mandatory state amount" fine.

Defendant appealed the trial court's order imposing a $60 "mandatory state amount" fine under ORS 153.633(1) on one count of driving while suspended and one count of failure to appear. Defendant assigns error to the trial court’s requirement that he pay a $60 “Mandatory State Amt” on each count. The current statute, ORS 153.633(1), provides that if a court imposes a fine in a criminal case, the first $60 (or the entire fine, if it is less than $60) is payable to the state. The Court held that the trial court erred by imposing a $60 “Mandatory State Amt” for each count of conviction. Portions of the judgment requiring defendant to pay the $60 “Mandatory State Amt” reversed; otherwise affirmed.

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