State v. Lanig ( 1992 )


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  • PER CURIAM

    The only issue in this appeal is whether the sentencing court erred with respect to the length of the term of post-prison supervision that it imposed on defendant’s conviction for second degree robbery. At trial, the parties agreed that the appropriate grid block is 6-F, for which the presumptive disposition is 36 months probation. OAR 253-05-008(l)(c). The sentencing court imposed a dispositional departure of 13 months in prison as well as a 36-month term of post-prison supervision. Defendant does not challenge the departure sentence.

    OAR 253-05-002(2)(b) provides a post-prison supervision term of 2 years for a conviction with a crime seriousness ranking of 6. Although it appears from the record that the sentencing court did not intend to depart from the post-prison supervision term prescribed by the rule, it did not enter an amended judgment correcting the error. The state concedes that the sentencing court erred in imposing a 36-month term of post-prison supervision. We accept the concession.

    Conviction affirmed; remanded for resentencing.

Document Info

Docket Number: 91010070; CA A73089

Judges: Buttler, Joseph, Muniz

Filed Date: 10/28/1992

Precedential Status: Precedential

Modified Date: 7/24/2022