- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 02-29-2012
- Case #: A145892
- Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
- Full Text Opinion
Defendant plead guilty to two counts of felony stalking, a class C felony. The trial court sentenced defendant to 41 months in prison, and three years of post prison supervision on each count, with 28 months of the first count running concurrently with the first. On appeal, Defendant argued that the sentence exceeded the five-year statutory maximum for a class C felony, because under Oregon's sentencing guidelines a post-prison supervision term, when added to the prison term, cannot exceed the maximum sentence for a conviction; thus it was plain error. The State conceded that the prison term was unlawful, but argued first, that the argument was not preserved, and second, that the Court of Appeals should not review the sentence because it resulted from a stipulated sentencing agreement. The Court agreed with Defendant, and found that although the argument was not preserved, the sentence constituted plain error. The Court found that Defendant's petition to enter a guilty plea did not constitute a stipulation to a three-year post-prison supervision term. Remanded for resentencing.