State v. Coleman ( 2021 )

820
Submitted October 1; remanded for resentencing, otherwise affirmed
November 24, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
KAREN MARIE COLEMAN,
Defendant-Appellant.
Clackamas County Circuit Court
19CR02492; A173811
500 P3d 91
Todd L. Van Rysselberghe, Judge pro tempore.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Francis C. Gieringer, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jon Zunkel-deCoursey, Assistant
Attorney General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Remanded for resentencing; otherwise affirmed.
Cite as 315 Or App 820 (2021) 821
PER CURIAM
Defendant appeals a judgment revoking her pro-
bation on one count of first-degree criminal mischief, ORS
164.365, and sentencing her to 18 months’ imprisonment
and 24 months’ post-prison supervision. She asserts that
the trial court plainly erred in imposing a 24-month post-
prison supervision term, as the correct term for her offense
is 12 months. The state concedes that the erroneous post-
prison supervision term constitutes plain error. We agree
and accept that concession. See ORS 213-017-0010(14) (first-
degree criminal mischief in these circumstances consti-
tutes a crime category 2 offense); OAR 213-005-0002(2)(a)
(post-prison supervision term of a category 2 offense is 12
months). For the reasons set forth in State v. Cunningham,
299 Or App 523, 451 P3d 268 (2019), we exercise our discre-
tion to correct the error.
Remanded for resentencing; otherwise affirmed.