64 December 24, 2025 No. 1111
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON, Plaintiff-Respondent, v. SAMUEL LUIS REYMUNDO, Defendant-Appellant. Lane County Circuit Court 24CR27706; A185942
R. Curtis Conover, Judge. Submitted November 14, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sara F. Werboff, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Dan Rayfield, Attorney General, Benjamin Gutman, Interim Deputy Attorney General, and Jonathan N. Schildt, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Chief Judge, and Egan, Judge. LAGESEN, J. Remanded for resentencing, otherwise affirmed.
Nonprecedential Memo Op: 346 Or App 64 (2025) 65
LAGESEN, C. J. Defendant appeals a judgment of conviction, based on his guilty plea, for felon in possession of a firearm (Count 1) and possession of a stolen vehicle (Count 2), for which the trial court sentenced defendant to a total of 18 months in prison. The judgment provides that defendant shall pay any required per diem fees, but that requirement to pay per diem fees was not announced in open court at sentencing. The state concedes the error. We agree with and accept the state’s concession. We remand for resentencing and other- wise affirm.1 “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 P3d 118, rev den, 371 Or 332 (2023) (internal citations omit- ted). 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 P3d 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). Remanded for resentencing; otherwise affirmed.
1 As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.