State v. Pine

• Court: Oregon Court of Appeals
• Area(s) of Law: Post-Conviction Relief
• Date Filed: 02-26-2025
• Case #: A181070
• Judge(s)/Court Below: Shorr, P.J., before the court; Powers, J. and Pagán, J.
• Full Text Opinion

A defendant must object to contested probation conditions at sentencing if he is aware of them or he otherwise loses the opportunity to raise them on appeal.

The defendant appealed the conditions of his probation, arguing that he should be excused from preserving objections at the trial court because the objections were not announced. The Oregon Court of Appeals found that the preservation was not excused because the state’s sentencing memo identified specific probation packages and the defendant’s counsel represented that he had reviewed the stipulated conditions with the defendant. Thus, he had an opportunity to object. The court declined to exercise its discretion to correct the defendant’s assertions of error, stating that the result would be the same even if the challenged conditions were a plain error. The Court affirmed the lower court’s judgment.

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