State v. Biswell

Court of Appeals of Oregon

State v. Biswell

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

CourtCourt of Appeals of Oregon

DecidedSeptember 27, 1995

Docket94-2250-A-C-2; CA A85322

StatusPublished

This text of 903 P.2d 416 (State v. Biswell) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

903 P.2d 416, 137 Or. App. 142, 1995 Ore. App. LEXIS 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-biswell-orctapp-1995.