State v. Walls
CourtCourt of Appeals of Oregon
Date FiledNovember 4, 2026
DocketA188754
JudgeEgan
StatusUnpublished
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Full Opinion
458 November 4, 2026 No. 1077
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
STATE OF OREGON,
Plaintiff-Respondent,
v.
KIPPER ANDREW WALLS,
aka Kipper Walls, aka Kipper A. Walls, aka Kipper Wells,
Defendant-Appellant.
Deschutes County Circuit Court
23CR40850; A188754
Walter Randolph Miller, Jr., Judge.
Submitted September 11, 2026.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kali Montague, Deputy Public Defender, Oregon
Public Defense Commission, filed the brief for appellant.
Dan Rayfield, Attorney General, Paul L. Smith, Solicitor
General, and Christopher A. Perdue, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.*
EGAN, J.
Reversed and remanded for entry of a judgment omitting
“and other assessments” and “and assessments”; otherwise
affirmed.
______________
* Determined by a two-judge department as authorized by ORS 2.570(2)(b).
Nonprecedential Memo Op: 354 Or App 458 (2026) 459
EGAN, J.
Defendant appeals a judgment of conviction for a
single count of driving under the influence of intoxicants.
In his only assignment of error, defendant argues that the
trial court erred by including terms in the judgment provid-
ing that it could impose “other assessments” without fur-
ther notice to defendant and without further court order.
The state concedes the error. We agree with and accept the
state’s concession. See State v. Martinez, 347 Or App 273,
279, 587 P3d 428 (2026) (holding that trial court lacked
statutory authority to impose “other assessments” terms in
judgment).
That error requires us to remand for entry of an
amended judgment. Id. at 280 (concluding that when “the
only error was the inclusion of terms in the judgment that
the trial court had no authority to impose, the appropriate
remedy is to remand with instructions to delete the errone-
ous terms from the judgment” (brackets and internal quo-
tation marks omitted)). We therefore reverse the portions
of the judgment related to adding assessments to the total
amount owed by defendant and remand to the trial court
for entry of an amended judgment deleting the words “and
other assessments” and “and assessments.”
Reversed and remanded for entry of a judgment
omitting “and other assessments” and “and assessments”;
otherwise affirmed.