State of Oregon v. Tanner Roy Turner

McMinnville, Oregon, criminal defense lawyer represented the Defendant charged with mail theft or receipt of stolen mail, ORS 164.162.



"A criminal defendant has the right to have their sentence announced in open court. A trial court commits reversible error if it does not do so, and the result is usually a resentencing." State v. Priester, 325 Or.App. 574, 581, 530 P.3d 118, rev den, 371 Or. 332 (2023) (internal citations omitted). Here, the trial court erred in imposing the requirement to pay a per diem fee in the judgment because it was not announced at sentencing, and the appropriate remedy is a remand for resentencing. See State v. Barr, 331 Or.App. 242, 244, 545 P.3d 772, rev den, 372 Or. 720 (2024) (remanding for resentencing when requirement to pay per diem fees was not announced in open court at sentencing); see also State v. Anotta, 302 Or.App. 176, 460 P.3d 543, rev den, 366 Or. 552 (2020) (concluding that remand for resentencing is the appropriate remedy when a trial court errs by imposing a special condition of probation without announcing it in open court at sentencing); see also generally State v. Johnston, 176 Or.App. 418, 428, 31 P.3d 1101, 1106 (2001) (construing ORS 169.151 in the context of conditions of probation).

The Defendant pleaded guilty but was not given information about the fines and fees that his was to provide.



Reversed and remanded.