State v. Drinkwater

Defendant appeals a judgment of conviction for rape in the first degree. ORS 163.375. He advances four assignments of error, one of which is that the court erred in imposing a $1,000 compensatory fine as part of defendant’s sentence. We conclude that the trial court did err in imposing the fine. We reject defendant’s other assignments of error without discussion. We therefore vacate the portion of the judgment imposing a compensatory fine and remand for resentencing, but otherwise affirm.

The facts pertaining to the imposition of the fine are few and undisputed. Defendant was charged with, and…