State v. Perryman

718                  October 1, 2025               No. 858

  This is a nonprecedential memorandum opinion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.
            JASON MARK PERRYMAN,
                Defendant-Appellant.
          Washington County Circuit Court
  24CR12148, 24CN01506; A184368 (Control), A184369

  Janelle F. Wipper, Judge.
  Submitted August 8, 2025.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Erik Blumenthal, Deputy Public Defender,
Oregon Public Defense Commission, filed the brief for
appellant.
   Dan Rayfield, Attorney General, Benjamin Gutman,
Solicitor General, and Jonathan N. Schildt, Assistant
Attorney General, filed the brief for respondent.
  Before Lagesen, Chief Judge, and Egan, Judge.
  EGAN, J.
  Remanded for resentencing; otherwise affirmed.
Nonprecedential Memo Op: 

 (2025)                           719

           EGAN, J.
         In this consolidated appeal, defendant assigns
error to special conditions of probation imposed after the
trial court convicted him of attempted fourth-degree
assault constituting domestic violence, based on his guilty
plea, and found him in contempt, based on his admission
that he violated a release agreement. The trial court sentenced defendant to three years of probation, the conditions
of which included, among other things, that defendant not
drive without a valid driver license, install an ignition interlock device, and complete a parenting class. However, those
special conditions were not announced in open court at sentencing. Defendant contends that the trial court erred when
it imposed the conditions without first announcing them in
open court, and the state concedes the error.
         Having reviewed the record, we agree with and
accept the state’s concession. State v. Priester, 

, 

, rev den, 

 (2023) (“A criminal
defendant has the right to have their sentence announced in
open court. A trial court commits reversible error if it does
not do so, and the result is usually a resentencing.” (Internal
citations omitted)). We remand for resentencing and otherwise affirm.1
           Remanded for resentencing; otherwise affirmed.




   1
     As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge
panel.