State v. Bourrie

Defendant appeals from a judgment that imposed, as a condition of probation, a requirement that he undergo a sex offender evaluation and receive recommended treatment. Defendant argues that that condition of probation was not properly imposed. The state concedes error, and we accept its concession.

Sex offender treatment may be ordered as a general condition of probation if the defendant is under supervision for, or previously was convicted of, “a sex offense under ORS 163.305 to 163.467.” ORS 137.540(l)(m). Defendant was not under supervision for, or previously convicted of, a sex offense…