State v. Marino

Defendant pled guilty to a charge of false swearing, ORS 162.075. The trial judge suspended imposition of sentence for two years, placed defendant on probation for two years on condition that he secure employment within 60 days, and ordered him to pay costs to the state under ORS 161.665. Defendant raises two questions on appeal: (1) whether the prevailing party fee, ORS 20.070(2), is included among costs which a trial judge is authorized to assess under ORS 161.665, and (2) whether two years’ probation is excessive punishment.

ORS 138.050 limits the issues which may be heard on direct appeal…