Opinion
A178944
10-04-2023
STATE OF OREGON, Plaintiff-Respondent, v. ANA CARINA RIVAS-ORDAZ, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 September 1, 2023.
Washington County Circuit Court 19CR15256; Eric Butterfeld, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos, 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 Aoyagi, Presiding Judge, and Joyce, Judge, and Jacquot, Judge.
AOYAGI, P. J.
Defendant pleaded guilty to driving under the influence of intoxicants, ORS 813.010, and was sentenced to probation. On appeal, she argues that the trial court erred in imposing a special condition of probation regarding polygraph examinations, because it did not impose that condition in open court at sentencing, and because the condition is overbroad. The state concedes, and we agree, that the court erred in the first regard. See State v. Hester, 316 Or.App. 456, 458, 501 P.3d 75 (2021), rev den, 370 Or. 789 (2023) (accepting state's concession that sentencing court erred by imposing special conditions of probation outside defendant's presence). We therefore remand for resentencing. Given our disposition, we decline to address defendant's second contention at this time. See State v. Manning, 300 Or.App. 390, 391, 453 P.3d 946 (2019), rev den, 366 Or. 292 (2020) (declining to address an additional sentencing issue where the trial court would have an opportunity to address it on remand).
Remanded for resentencing; otherwise affirmed.