State v. Biswell

Court of Appeals of Oregon

State v. Biswell

903 P.2d 416, 137 Or. App. 142, 1995 Ore. App. LEXIS 1372

Court of Appeals of Oregon·Decided September 27, 1995·No. 94-2250-A-C-2; CA A85322·Published

Opinion

PER CURIAM

Defendant pled guilty to criminal conspiracy to escape. The court imposed a 24-month prison term and a 36-month post-prison supervision term. On appeal, defendant contends that, under OAR 253-05-002(2)(b), the post-prison supervision term should have been 24 months.

The state concedes that the court erred and that, although defendant did not raise the issue in the trial court, we should review it because it is an error apparent on the face of the record. ORAP 5.45(2). We accept the concession.

Conviction affirmed; remanded for resentencing.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

Defendant pled guilty to criminal conspiracy to escape. The court imposed a 24-month prison term and a 36-month post-prison supervision term. On appeal, defendant contends that, under OAR 253-05-002(2)(b), the post-prison supervision term should have been 24 months.

The state concedes that the court erred and that, although defendant did not raise the issue in the trial court, we should review it because it is an error apparent on the face of the record. ORAP 5.45(2). We accept the concession.

Conviction affirmed; remanded for resentencing.

State v. Biswell, 903 P.2d 416, 137 Or. App. 142, 1995 Ore. App. LEXIS 1372 (Or. Ct. App. 1995).

Pincite

903 P.2d 416 (State v. Biswell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.