State v. Loew
This text of 80 P.3d 544 (State v. Loew) 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 appeals his conviction and sentence for assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065. We reject without discussion defendant’s challenges to his convictions. Defendant argues that the trial court erred in imposing two years of post-prison supervision to be served after a departure sentence of 60 months’ incarceration for the assault, which is a Class C felony for which the maximum indeterminate sentence is five years. See OAR 213-005-0002(4) (term of post-prison supervision, when added to prison term, “shall not exceed the statutory maximum indeterminate sentence for the crime of conviction”). The state concedes the error. We agree with that concession.
Remanded for resentencing; otherwise affirmed.
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Cite This Page — Counsel Stack
80 P.3d 544, 191 Or. App. 131, 2003 Ore. App. LEXIS 1609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-loew-orctapp-2003.