State v. Coleman

500 P.3d 91, 315 Or. App. 820

• Court: Court of Appeals of Oregon
• Decided: November 24, 2021
• Docket: A173811
• Status: Published

Opinion

Submitted October 1; remanded for resentencing, otherwise affirmed November 24, 2021

STATE OF OREGON, Plaintiff-Respondent, v. KAREN MARIE COLEMAN, Defendant-Appellant. Clackamas County Circuit Court 19CR02492; A173811 500 P3d 91

Todd L. Van Rysselberghe, Judge pro tempore. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Francis C. Gieringer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jon Zunkel-deCoursey, Assistant Attorney General, filed the brief for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Cite as 315 Or App 820 (2021) 821

PER CURIAM Defendant appeals a judgment revoking her pro- bation on one count of first-degree criminal mischief, ORS 164.365, and sentencing her to 18 months’ imprisonment and 24 months’ post-prison supervision. She asserts that the trial court plainly erred in imposing a 24-month post- prison supervision term, as the correct term for her offense is 12 months. The state concedes that the erroneous post- prison supervision term constitutes plain error. We agree and accept that concession. See ORS 213-017-0010(14) (first- degree criminal mischief in these circumstances consti- tutes a crime category 2 offense); OAR 213-005-0002(2)(a) (post-prison supervision term of a category 2 offense is 12 months). For the reasons set forth in State v. Cunningham, 299 Or App 523, 451 P3d 268 (2019), we exercise our discre- tion to correct the error. Remanded for resentencing; otherwise affirmed.