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State v. Mccallum

Summarized by: 

Date Filed: 05-15-2013
Case #: A147699
Per Curiam
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147699.pdf

Sentencing: Post-prison supervision, when added to the prison term, may not exceed the statutory maximum indeterminate sentence for the crime of defendant's conviction.

Defendant appealed, in pertinent part, the trial court imposed 36-months of post-prison supervision for each of defendant's three convictions for criminal mistreatment.  The 36-months of post-prison supervision, when added to the 36-month prison term also imposed, exceeded the five-year statutory maximum indeterminate sentence for class C. felonies, per ORS 161.605(3).  The Court held that the 72-month sentence was plainly erroneous and ruled the error must be corrected. Remanded for resentencing; otherwise affirmed.