State v. Kelsey

Defendant challenges the sentence imposed for his conviction of sexual abuse in the first degree. Former ORS 163.425 (amended by Or Laws 1991, ch 810, § 3). He argues, and the state concedes, that the court erred in imposing three special conditions of probation.1 Defendant, however, failed to preserve each of his assigned errors by objecting to the trial court. In a footnote, and without discussion, the state asserts that defendant’s assignments are reviewable because “the challenged probation conditions exceed the court’s authority and consequently may be addressed by this court as plain…