State v. Walton

329 Or. App. 315

• Court: Court of Appeals of Oregon
• Decided: November 29, 2023
• Docket: A179905
• Status: Unpublished

Opinion

No. 620 November 29, 2023 315

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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. ROXIE DEANE WALTON, Defendant-Appellant. Coos County Circuit Court 22CR12894; A179905

Martin E. Stone, Judge. Submitted November 3, 2023. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Carla E. Edmondson, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge. ORTEGA, P. J. Remanded for resentencing; otherwise affirmed. 316 State v. Walton

ORTEGA, P. J. Defendant appeals a judgment of conviction for vio- lation of a stalking protective order. ORS 163.750. The court imposed a sentence of 18 months’ bench probation and, in its judgment, included a special condition of probation that defendant “[k]eep [the] [c]ourt informed in writing of current mailing [address] and residence address and notify them of any change within 10 days.” Defendant asserts that the court erred in imposing that condition because it was not announced in open court at sentencing. The state concedes the error. We agree and accept that concession. See State v. Ewing, 318 Or App 548, 549, 507 P3d 353 (2022) (remanding for resentencing for similar error in failing to announce spe- cial condition of probation at sentencing). Remanded for resentencing; otherwise affirmed.