State v. Smith

Court of Appeals of Oregon

State v. Smith

845 P.2d 1304, 118 Or. App. 97, 1993 Ore. App. LEXIS 126

CourtCourt of Appeals of Oregon

DecidedFebruary 3, 1993

Docket91-1916-C-2; CA A71574

StatusPublished

This text of 845 P.2d 1304 (State v. Smith) 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. Smith, 845 P.2d 1304, 118 Or. App. 97, 1993 Ore. App. LEXIS 126 (Or. Ct. App. 1993).

Pincite

Opinion

PER CURIAM

Defendant appeals his conviction for attempted assault in the second degree. ORS 163.175. He contends that the departure sentence under the guidelines was improper, because the court failed to make findings that there were substantial and compelling reasons to depart from the presumptive sentence.

Defendant made no objection to the sentence and, in fact, stipulated to the dispositional departure as part of a negotiated plea of no contest. We decline to address the claim of error.

However, the state concedes that the court erred by imposing a three-year term of post-prison supervision instead of 18 months. We accept that concession.

Conviction affirmed; remanded for resentencing.

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