Opinion
CR91-355; CA A74851
Submitted on record and briefs May 19, 1993
Conviction affirmed; sentence modified June 16, 1993
Appeal from Circuit Court, Yamhill County.
Richard K. Mickelson, Judge pro tempore.
Sally L. Avera, Public Defender, and Louis R. Miles, Deputy Public Defender, Salem, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Janie M. Burcart, Assistant Attorney General, and Amanda Buttress, Certified Law Student, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Deits and Riggs, Judges.
PER CURIAM
Conviction affirmed; sentence modified to reduce post-prison supervision to three years.
Defendant appeals his conviction of sexual abuse in the first degree. ORS 163.425. He challenges only that portion of his sentence that ordered five years of post-prison supervision. The state concedes that OAR 253-05-002(2)(c) prescribes only a three-year period of post-prison supervision.
Conviction affirmed; sentence modified to reduce post-prison supervision to three years.