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State v. Kuntz

Court of Appeals of Oregon
Jan 4, 2024
330 Or. App. 146 (Or. Ct. App. 2024)

Opinion

A179570 A179572

01-04-2024

STATE OF OREGON, Plaintiff-Respondent, v. VIVIAN KUNTZ, Defendant-Appellant.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Peter O. Klym, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, fled the brief for respondent.


This is a Nonprecedential Memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Submitted December 1, 2023

Lane County Circuit Court 21CR47377, 21CR53535; Charles M. Zennaché, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Peter O. Klym, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, fled the brief for respondent.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.

PER CURIAM.

In one of these consolidated cases, defendant pleaded guilty to first-degree criminal trespass, ORS 164.255, and second-degree disorderly conduct, ORS 166.025. In the other case, he pleaded guilty to first-degree criminal trespass, ORS 164.255. The written judgment in each case contained a term of probation that differed from what was announced in open court at sentencing: That defendant "[n]otify the Court, District Attorney, and defendant's attorney, in writing, within 5 days of any change in residence, employment, or name." Defendant argues, and the state concedes, that that probation condition was not properly imposed because it was not announced in open court. See State v. Ewing, 318 Or.App. 548, 549, 507 P.3d 353 (2022) (remanding for resentencing for substantially similar error).

Remanded for resentencing; otherwise affirmed.


Summaries of

State v. Kuntz

Court of Appeals of Oregon
Jan 4, 2024
330 Or. App. 146 (Or. Ct. App. 2024)
Case details for

State v. Kuntz

Case Details

Full title:STATE OF OREGON, Plaintiff-Respondent, v. VIVIAN KUNTZ…

Court:Court of Appeals of Oregon

Date published: Jan 4, 2024

Citations

330 Or. App. 146 (Or. Ct. App. 2024)