Submitted May 31, 2019; on respondent's amended motion to
dismiss fled August 20, 2019.
County Circuit Court 17CR84978; Robert F. Nichols, Jr, Judge.
G. Lannet, Chief Defender, Criminal Appellate Section, and
Rond Chananudech, Deputy Public Defender, Offce of Public
Defense Services, fled the brief for appellant.
F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor
General, and Timothy A. Sylwester, Assistant Attorney
General, fled the brief for respondent.
Armstrong, Presiding Judge, and Tookey, Judge, and Shorr,
Or.App. 509] PER CURIAM
appeals a judgment in which the court imposed a sentence of
probation. He assigns error to six special conditions of
probation, contending that the sentencing court erred by
imposing the conditions because they were not announced in
defendant's presence before they appeared in the
judgment. We dismiss the appeal as moot.
this appeal was pending, defendant's 18-month probation
term expired. We asked the parties to notify this court of
their positions on whether the appeal should be dismissed as
moot. Defendant responded that four of his six assignments of
error "are probably moot" due to the expiration of
his term of probation, but that his first two assignments of
error had not become moot because the challenged judgment
provisions could have collateral effects. The state contends
that the appeal is moot, and it moves to dismiss the appeal
under ORAP 8.45.
first two assignments of error challenge the following
provisions of the judgment, which are identified as special
conditions of probation:
"Defendant stipulates [sic] to pay restitution
to all victims.
"Stipulate to destruction or forfeiture of any seized