State v. Simkins

After defendant was convicted of two counts of first-degree theft and two counts of first-degree criminal mistreatment, the trial court ordered defendant to pay an “offense surcharge” of $35 for each conviction, pursuant to Oregon Laws 2009, chapter 659, section 2. On appeal, defendant argues that the trial court plainly erred in imposing that surcharge because his crimes were committed outside the period of time covered by the authorizing statute. See Or Laws 2009, ch 659, § 2(3) (providing that “[t]he offense surcharge required by this section shall be imposed only for offenses that are…