No. 680 September 25, 2024 243
This is a nonprecedential memorandum opinion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.
DARCIE NOELLE HANSEN,
Defendant-Appellant.
Washington County Circuit Court
21CR62037; A180748
Theodore E. Sims, Judge.
Submitted August 9, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Anna R. Johnson, Deputy Public Defender,
Oregon Public Defense Commission, filed the brief for
appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Leigh A. Salmon, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
LAGESEN, C. J.
Remanded for resentencing; otherwise affirmed.
244 State v. Hansen
LAGESEN, C. J.
After a jury trial, defendant was convicted of theft
in the third degree, ORS 164.043. The trial court sentenced
defendant to 18 months of bench probation and ordered
her to perform 36 hours of community service. Defendant
argues that the trial court plainly erred in imposing the
community service obligation. The state concedes the error.
We agree and remand for resentencing.
ORS 137.128(1) provides that, before a court can
order a defendant to complete community service as a condition of probation, the defendant “must consent to donate
labor for the welfare of the public.” Failure to obtain such
consent is reversible error. State v. Uppiano,
(2012).
The record shows that the trial court failed to obtain
defendant’s consent before imposing community service as a
condition of probation. In light of the state’s concession, and
taking into account the interests of the parties, the gravity
of the error, and the ends of justice, we exercise our discretion to correct the trial court’s plain error.
Remanded for resentencing; otherwise affirmed.
