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State v. Young

Summarized by: 

Date Filed: 05-02-2012
Case #: A145391
Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A145391.pdf

Sentencing: When a court imposes a post-prison supervision term it cannot be for an indefinite period and dependent upon the amount of prison time the defendant actually serves. If the sentence is concurrent with a prison term, the sum of the two terms cannot exceed the statutory maximum indeterminate sentence.

Defendant appealed seven criminal cases, five of which are for excessive and indeterminate post-prison supervision (PPS) terms ordered at trial. Defendant plead guilty to numerous Class C felonies. Under ORS 161.605, Class C felonies have a statutory maximum indeterminate sentence of five years. Defendant stipulated to a crime seriousness classification of either 8 or 9. OAR 213-005-0002(2) requires the duration of PPS for crimes classified in the range of 7-10 is not to exceed three years. The trial court imposed prison terms of either 36 or 60 months, and the PPS terms were five years, "minus the period of incarceration." The Court held that an indefinite period of PPS cannot be imposed and cannot make the length of PPS terms dependent upon the amount of prison time the Defendant actually serves. If the sum of the prison and PPS terms exceeds the statutory maximum indeterminate sentence, then the duration of the PPS shall be reduced so that the total length of sentencing conforms to the statutory maximum. Reversed and remanded in part, otherwise affirmed.