State v. Walton ( 2023 )

No. 620 November 29, 2023 315
This is a nonprecedential memorandum opinion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.
ROXIE DEANE WALTON,
Defendant-Appellant.
Coos County Circuit Court
22CR12894; A179905
Martin E. Stone, Judge.
Submitted November 3, 2023.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Carla E. Edmondson, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jonathan N. Schildt, Assistant
Attorney General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Powers, Judge, and
Hellman, Judge.
ORTEGA, P. J.
Remanded for resentencing; otherwise affirmed.
316 State v. Walton
ORTEGA, P. J.
Defendant appeals a judgment of conviction for vio-
lation of a stalking protective order. ORS 163.750. The court
imposed a sentence of 18 months’ bench probation and, in
its judgment, included a special condition of probation that
defendant “[k]eep [the] [c]ourt informed in writing of current
mailing [address] and residence address and notify them
of any change within 10 days.” Defendant asserts that the
court erred in imposing that condition because it was not
announced in open court at sentencing. The state concedes
the error. We agree and accept that concession. See State v.
Ewing, 318 Or App 548, 549, 507 P3d 353 (2022) (remanding
for resentencing for similar error in failing to announce spe-
cial condition of probation at sentencing).
Remanded for resentencing; otherwise affirmed.