STATE v. PARKER (2022)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Jeanie Lynn PARKER, Defendant-Appellant.

A174987

Decided: May 04, 2022

Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, 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.

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 P.3d 95 (2020) (remanding for resentencing when probation condition was not announced in open court).

Remanded for resentencing; otherwise affirmed.

PER CURIAM

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