State v. Baccaro

A trial court erred by imposing a probation violation fee pursuant to statute in the written judgment when the fee was not announced in defendant’s presence. State v. Hillman, 293 Or App 231, 426 P3d 249 (2018).

Defendant appealed a judgment of conviction for Assault in the Fourth Degree, Harassment, Disorderly Conduct, and Attempted Criminal Mischief. On appeal, Defendant challenged the imposition of $100 bench probation fee, arguing the trial court erred by imposing the fee outside of his presence. In response, the State argued that any error is harmless because the imposition of the fee is statutorily required. A trial court erred by imposing a probation violation fee pursuant to statute in the written judgment when the fee was not announced in defendant’s presence. State v. Hillman, 293 Or App 231, 426 P3d 249 (2018). The state conceded that the trial court erred by imposing the fee in the written judgment without first announcing it in the defendant’s presence. The Court found that while a trial court is prohibited from deleting the $100 bench probation fee from the judgment, it retained the authority to suspend execution of that portion of the sentence. Vacated the requirement to pay $100 and remanded for sentencing.