State v. Anotta

Pursuant to ORS 137.010, it is error for the court to impose that fee outside the defendant's presence because doing so prevents the defendant from arguing for such a suspension. State v. Baccaro, 300 Or. App. 131, 137 (2019).

Defendant appealed two convictions, one for driving under the influence of intoxicants, and the other for reckless driving. Defendant pled no contest to the first conviction and entered diversion. Defendant assigned error to the court’s termination of his diversion and imposition of fees. Defendant contended that it was erroneous of the trial court to impose a $100 bench probation fee. Defendant reasoned that the court did not announce those fees on the record in his presence. ORS 138.105(5) bars the Court from reviewing the termination of diversion. Pursuant to ORS 137.010, it is error for the court to impose that fee outside the defendant's presence because doing so prevents the Defendant from arguing for such a suspension. State v. Baccaro, 300 Or. App. 131, 137 (2019). Reversed, vacated, remanded, and otherwise affirmed.