State v. Ramirez

                                  762

   This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
         except as provided in ORAP 10.30(1).
    Submitted August 5; remanded for resentencing, otherwise affirmed
                           September 14, 2022


                   STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
               PEDRO RAMIREZ RAMIREZ,
                   Defendant-Appellant.
              Washington County Circuit Court
                    21CR11640; A176175

   D. Charles Bailey, Jr., Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kristin A. Carveth, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Susan G. Howe, 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.
Nonprecedential Memo Op: 

 (2022)           763

        ORTEGA, P. J.
         Defendant pleaded guilty to one count of misdemeanor strangulation constituting domestic violence, ORS
163.187(4), and one count of felony assault in the fourth
degree constituting domestic violence, ORS 163.160(3), and
was sentenced to three years of probation. At a later restitution hearing, he was ordered to pay $9,018.07 in restitution, which was reflected in a supplemental judgment. In
that same supplemental judgment, the court also imposed
a number of special conditions of probation that were not
announced in open court in defendant’s presence, including
requiring him to provide his financial records, complete a
financial review, not incur any debt or open credit accounts
without prior approval, disclose all sources of income to his
supervising officer, obtain approval from his supervising
officer before engaging in any financial transaction involving more than $200, and submit to a polygraph examination
to determine if he was compliant with treatment and conditions of supervision.
         The right to be present at sentencing has both statutory and constitutional sources. State v. Jacobs, 

, 

 (2005). We have consistently held
that a trial court’s failure to announce special conditions of
probation on the record in open court is error and requires
remand for resentencing. State v. Keen, 

,

 (2020); State v. Anotta, 

, 

, rev den, 

 (2020); State v. Pickerel, 

, 

 (2019). The state concedes
that the trial court erred in imposing the additional special
terms without announcing them in open court. We agree
with and accept the state’s concession with respect to those
probation conditions.
        Remanded for resentencing; otherwise affirmed.