State v. Martinez

Summary

The Oregon Court of Appeals held that a judgment provision allowing collection fees to be added without further notice or court order accurately stated ORS 1.202 and could be included as an administrative modification. However, the court held that references to unspecified "other assessments" and "assessments" were unauthorized and misstated the law. The court reversed and remanded for entry of an amended judgment deleting those references, while otherwise affirming.

Holdings

1. Language stating that collection fees may increase the total amount owed and may be added without further notice or court order accurately states the effect of ORS 1.202 and is a permissible administrative modification that may be included without defendant's presence at sentencing.
2. ORS 1.202 does not authorize the judgment language stating that other assessments may be added to defendant's monetary obligation without further notice or court order.
3. Resentencing was not required because the trial court had no permissible sentencing option concerning the unauthorized assessment language; the appropriate remedy was to remand for entry of an amended judgment deleting the erroneous terms.

Questions Presented

1. Whether language in a criminal judgment permitting collection fees and other assessments to be added without further notice or court order was an administrative modification that could be entered without defendant's presence at sentencing.
2. Whether ORS 1.202 authorizes the addition of unspecified other assessments beyond the collection fees expressly described in the statute.
3. Whether the unauthorized references to other assessments required resentencing or instead could be removed through an amended judgment.

Disposition

reversed_and_remanded