State v. Casper

FILED: July 16, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

KEITH CHARLES CASPER, SR.,

Defendant-Appellant.

Clackamas County Circuit Court
CR0501470; A135174

Eve L. Miller, Judge.

Submitted on June 06, 2008.

Larry J. Blake, Jr. filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Wollheim, Judge, and Sercombe, Judge.

PER CURIAM

Reversed and remanded with instructions to modify amended judgment to delete $9,000 compensatory fine.

PER CURIAM

Defendant was convicted on one count of first-degree sexual abuse and four counts of third-degree sexual abuse. On appeal, defendant challenges the trial court's entry of an amended judgment that imposed a compensatory fine of $9,000. The state concedes that the trial court lacked authority to impose that fine by way of an amended judgment. See State v. Pinkowsky, 111 Or App 166, 168, 826 P2d 10 (1992). We agree and accept the concession.

Reversed and remanded with instructions to modify amended judgment to delete $9,000 compensatory fine.