State v. Parker ( 2022 )

452
Submitted April 1; remanded for resentencing, otherwise affirmed May 4, 2022
STATE OF OREGON,
Plaintiff-Respondent,
v.
JEANIE LYNN PARKER,
Defendant-Appellant.
Wasco County Circuit Court
19CR36428; A174987
509 P3d 765
Janet L. Stauffer, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Matthew Blythe, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jennifer S. Lloyd, Assistant Attorney
General, filed the brief for respondent.
Before James, Presiding Judge, and Aoyagi, Judge, and
Joyce, Judge.
PER CURIAM
Remanded for resentencing; otherwise affirmed.
Cite as 319 Or App 452 (2022) 453
PER CURIAM
Defendant, who was convicted of driving under
the influence of intoxicants, ORS 813.010, and sentenced to
18 months of bench probation, argues on appeal that the
trial court erred in imposing several conditions of probation
because they were not announced in open court at sentenc-
ing. The state agrees with defendant that this was error
that entitles defendant to resentencing. We agree with and
accept the state’s concession, and we remand for resentenc-
ing. See State v. Keen, 304 Or App 89, 466 P3d 95 (2020)
(remanding for resentencing when probation condition was
not announced in open court).
Remanded for resentencing; otherwise affirmed.