Oregon Appellate Ct - Sept 28, 2016
by: Sara Werboff • September 30, 2016 • no comments
| Line 3: | Line 3: | ||
* | * | ||
* | * | ||
| − | * | + | *Per Curiam - Conditions of Probation - Fines and Fees |
*Per Curiam - Insufficiency of Evidence for Failure to Report as a Sex Offender | *Per Curiam - Insufficiency of Evidence for Failure to Report as a Sex Offender | ||
</summary> | </summary> | ||
| Line 21: | Line 21: | ||
| − | Per Curiam - Conditions of Probation - Fines and Fees | + | '''Per Curiam - Conditions of Probation - Fines and Fees''' |
| + | |||
The court holds that the trial court lacked authority to impose "conditions of probation" because defendant was sentenced to a jail term. Additionally, the court vacates the $100 bench probation fee and the $255 DUII fee because those fees were applied in error. The court notes that those terms were automatically included in the judgment and no affirmative steps were taken to remove them. | The court holds that the trial court lacked authority to impose "conditions of probation" because defendant was sentenced to a jail term. Additionally, the court vacates the $100 bench probation fee and the $255 DUII fee because those fees were applied in error. The court notes that those terms were automatically included in the judgment and no affirmative steps were taken to remove them. | ||
| Line 31: | Line 32: | ||
'''Per Curiam - Insufficiency of Evidence for Failure to Report as a Sex Offender''' | '''Per Curiam - Insufficiency of Evidence for Failure to Report as a Sex Offender''' | ||
| + | |||
The court accepts the state's concession that there was insufficient evidence to convict defendant of failure to report as a sex offender in light of ''State v. Hiner'', 269 Or App 877 (2015). | The court accepts the state's concession that there was insufficient evidence to convict defendant of failure to report as a sex offender in light of ''State v. Hiner'', 269 Or App 877 (2015). | ||
| + | |||
[http://www.publications.ojd.state.or.us/docs/A159208.pdf State v. McColligan], 281 Or App 375 (2016) (per curiam) | [http://www.publications.ojd.state.or.us/docs/A159208.pdf State v. McColligan], 281 Or App 375 (2016) (per curiam) | ||
Revision as of 11:41, October 1, 2016
State v. Snyder, 281 Or App 308 (2016) (Sercombe, P.J)
State v. Webber, 281 Or App 342 (2016) (DeHoog, J.)
State v. Middleton, 281 Or App 369 (2016) (per curiam)
Per Curiam - Conditions of Probation - Fines and Fees
The court holds that the trial court lacked authority to impose "conditions of probation" because defendant was sentenced to a jail term. Additionally, the court vacates the $100 bench probation fee and the $255 DUII fee because those fees were applied in error. The court notes that those terms were automatically included in the judgment and no affirmative steps were taken to remove them.
State v. Jonas, 281 Or App 372 (2016) (per curiam)
Per Curiam - Insufficiency of Evidence for Failure to Report as a Sex Offender
The court accepts the state's concession that there was insufficient evidence to convict defendant of failure to report as a sex offender in light of State v. Hiner, 269 Or App 877 (2015).
State v. McColligan, 281 Or App 375 (2016) (per curiam)
