Oregon Appellate Ct - Sept 28, 2016

by: Sara Werboff • September 30, 2016 • no comments

State v. Snyder, 281 Or App 308 (2016) (Sercombe, P.J)

State v. Webber, 281 Or App 342 (2016) (DeHoog, J.)

Per Curiam - Resentencing on Lesser-Included Offenses

The court accepts the state's concession that it failed to prove that defendant committed first-degree custodial interference by exposing her daughter to a "substantial risk of physical injury." The court remands for reentry of judgment on second-degree custodial interference charges.

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)