State v. Flanagan
This text of 219 P.3d 610 (State v. Flanagan) 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.
Opinion
Defendant was convicted of felony fourth-degree assault and reckless endangerment. For the assault, the trial court sentenced him to 55 months’ imprisonment, followed by 24 months’ post-prison supervision. Defendant did not object to the sentence. He now appeals, assigning error to the imposition of the sentence, which he contends violates OAR 213-005-0002(4). That rule provides that a “term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction.” In this case, defendant contends, he was convicted of a Class C felony, which carries a maximum indeterminate sentence of 60 months. ORS 161.605(3). That means that his sentence of 55 months’ imprisonment plus 24 months’ post-prison supervision — totaling 79 months— exceeds the 60-month maximum. The state concedes that the sentence plainly violates OAR 213-005-0002(4) and that the case must be remanded for resentencing. We agree and accept the concession.
Remanded for resentencing; otherwise affirmed.
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Cite This Page — Counsel Stack
219 P.3d 610, 231 Or. App. 561, 2009 Ore. App. LEXIS 1667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-flanagan-orctapp-2009.