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State v. Powell

Summarized by: 

Date Filed: 10-24-2012
Case #: A143632
Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A143632.pdf

Sentencing: A sentence is excessive if the term of post-prison supervision, when added to a prison term, exceeds the statutory maximum for the crime of conviction. However, the error is harmless when it does not result in any adverse consequences or will not improve the defendant's position.

Defendant was convicted of Unlawful Possession of a Controlled Substance (PCS), among other misdemeanor and felony offenses after a high-speed car chase. On the PCS charge, Defendant was sentenced to serve 60 months in prison with 24-months of post-prison supervision (PPS), and he argued that the sentence exceeded the statutory maximum. For a Class C felony, the statutory maximum sentence is 60 months in prison. Because OAR 213-005-0002(4) requires that the PPS term, when added to the prison term, shall not exceed maximum sentence for the crime of conviction, the Court found the sentence to be excessive. However, the error was harmless because a remand for resentencing would not improve Defendant’s position. Defendant further argued that the trial court erred in using grid block “A,” instead of “I,” for the PCS charge, and he should have received three years probation instead of prison. However, the Court disagreed, because the PCS charge, based on the seriousness of the crime, was actually the “primary offense,” and his sentence using grid block “A” was appropriate.
Affirmed.