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319 Or. App. 452

State v. Parker

Court of Appeals of Oregon

Decided May 4, 2022

Court of Appeals of Oregon · decided 2022-05-04

Applies OR 813 § 813.010

Remanded for resentencing · Decided 2022-05-04

                                   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 sentencing. 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 resentencing. 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.

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