State v. Linebaugh

Court of Appeals of Oregon

State v. Linebaugh

945 P.2d 97, 149 Or. App. 771, 1997 Ore. App. LEXIS 1145

Court of Appeals of Oregon·Decided September 10, 1997·No. 95-2968-C3; CA A91649·Published

Opinion

PER CURIAM

Defendant appeals from a judgment of conviction on three counts of first-degree sexual abuse. Only one of his three assignments of error requires discussion. Defendant argues that the trial court erred in imposing a 10-year term of post-prison supervision. The state concedes that the term of post-prison supervision exceeds that authorized by ORS 144.103. ORS 144.103 provides that the term of post-supervision, when added to the term of imprisonment, shall not exceed the maximum statutory indeterminate sentence.

We accept the state’s concession.

Remanded for entry of a corrected judgment; otherwise affirmed.

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PER CURIAM

Defendant appeals from a judgment of conviction on three counts of first-degree sexual abuse. Only one of his three assignments of error requires discussion. Defendant argues that the trial court erred in imposing a 10-year term of post-prison supervision. The state concedes that the term of post-prison supervision exceeds that authorized by ORS 144.103. ORS 144.103 provides that the term of post-supervision, when added to the term of imprisonment, shall not exceed the maximum statutory indeterminate sentence.

We accept the state’s concession.

Remanded for entry of a corrected judgment; otherwise affirmed.

State v. Linebaugh, 945 P.2d 97, 149 Or. App. 771, 1997 Ore. App. LEXIS 1145 (Or. Ct. App. 1997).

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Opinion

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