State v. Sasser

• Court: Oregon Court of Appeals
• Area(s) of Law: Sentencing
• Date Filed: 12-09-2015
• Case #: A155984
• Judge(s)/Court Below: Per Curiam; Armstrong, P.J.; Hadlock, J.; & Egan, J.

Under former ORS 137.290 (2009), the court was permitted to impose a Mandatory State Amt of 60$ for each conviction. The legislature repealed the law in 2011, and any convictions after that time may not have the Mandatory State Amt imposed.

Defendant appealed the trial court's judgment imposing a mandatory state fee of $60 on each of her convictions. Defendant argued that the trial court erred in imposing the fees because the statute authorizing the fees had been repealed prior to her conviction. The State conceded the error. The Court agreed, and despite the fact that the error was unpreserved on the record, the Court exercised its discretion to act on the plain error. Accordingly, the Court reversed the portion of the judgment imposing the "Mandatory State Amt", otherwise affirmed.

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