Weaver

                               604

  This is a nonprecedential memorandum opinion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 October 6, vacated and remanded November 9, 2022


         In the Matter of the Change of Name of
               Richard Francis Weaver, Jr.
             Richard Francis WEAVER, Jr.,
                  Petitioner-Appellant.
              Marion County Circuit Court
                  20CV18240; A174180


  Jennifer K. Gardiner, Judge.
  Richard Francis Weaver, Jr., filed the brief pro se.
  Before Tookey, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
  TOOKEY, P. J.
  Vacated and remanded.
Nonprecedential Memo Op: 

 (2022)                                  605

           TOOKEY, P. J.
        Petitioner filed an application for change of name
under ORS 33.410. The application was denied by the trial
court. The judgment denying the application contains no
explanation for the denial. Petitioner now appeals from that
judgment.
          ORS 33.410 states that a “change of name shall be
granted by the court unless the court finds that the change
is not consistent with the public interest.” During the pendency of this appeal, we interpreted that statute to require
that, in denying an application for a name change, a trial
court must make written or oral findings, based on facts in
the record, that the change of legal name is inconsistent with
the welfare or well-being of the general public. Jondle, 

, 

 (2022). The judgment denying
the application contains no finding that petitioner’s change
of legal name is inconsistent with the public interest.1 We
therefore vacate the judgment denying the change of legal
name and remand to the trial court for it to reconsider the
petition.
           Vacated and remanded.




     1
       Petitioner is currently incarcerated and disclosed his criminal history on
his petition for change of legal name. However, we have explained that “nothing
in [the] text, context, and legislative history suggests that the mere fact of a petitioner’s criminal conviction or incarceration is among the reasons for which ORS
33.410 authorizes a circuit court to deny a change of legal name as ‘not consistent
with the public interest.’ ” Jondle, 

 (quoting ORS 33.410).