State v. Parker

Court of Appeals of Oregon

State v. Parker

509 P.3d 765, 319 Or. App. 452

CourtCourt of Appeals of Oregon

DecidedMay 4, 2022

DocketA174987

StatusPublished

This text of 509 P.3d 765 (State v. Parker) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Parker, 509 P.3d 765, 319 Or. App. 452 (Or. Ct. App. 2022).

Pincite

Opinion

Submitted April 1; remanded for resentencing, otherwise affirmed May 4, 2022

STATE OF OREGON, Plaintiff-Respondent, v. JEANIE LYNN PARKER, Defendant-Appellant. Wasco County Circuit Court 19CR36428; A174987 509 P3d 765

Janet L. Stauffer, 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. Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Cite as 319 Or App 452 (2022) 453

PER CURIAM 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 sentenc- ing. 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 resentenc- ing. See State v. Keen, 304 Or App 89, 466 P3d 95 (2020) (remanding for resentencing when probation condition was not announced in open court). Remanded for resentencing; otherwise affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Submitted April 1; remanded for resentencing, otherwise affirmed May 4, 2022

STATE OF OREGON, Plaintiff-Respondent, v. JEANIE LYNN PARKER, Defendant-Appellant. Wasco County Circuit Court 19CR36428; A174987 509 P3d 765

Janet L. Stauffer, 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. Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Cite as 319 Or App 452 (2022) 453

PER CURIAM 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 sentenc- ing. 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 resentenc- ing. See State v. Keen, 304 Or App 89, 466 P3d 95 (2020) (remanding for resentencing when probation condition was not announced in open court). Remanded for resentencing; otherwise affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

509 P.3d 765, 319 Or. App. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parker-orctapp-2022.

Opinion

Related

Cite This Page — Counsel Stack