Opinion
A175767
08-03-2022
STATE OF OREGON, Plaintiff-Respondent, v. CLIFFORD DUANE GROSS, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kyle Krohn, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Lauren P. Robertson, Assistant Attorney General, fled the brief for respondent.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted July 1, 2022
Umatilla County Circuit Court 20CR61014; A175767 Christopher R. Brauer, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kyle Krohn, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Lauren P. Robertson, Assistant Attorney General, fled the brief for respondent.
Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.
PER CURIAM
Defendant appeals a judgment convicting him of fourth-degree assault constituting domestic violence, ORS 163.160(3), a Class C felony. The trial court imposed a sentence of 38 months' imprisonment to be followed by 24 months of post-prison supervision. Defendant asserts that the sentence that the trial court imposed constitutes plain error because the combined incarceration term and post-prison supervision term exceed the statutory maximum for the offense, which carries a maximum indeterminate sentence of five years. ORS 161.605(3). See also OAR 213-005-0002(4) ("The term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction."). The state concedes that the trial court committed plain error in imposing that sentence. We agree and accept the state's concession. Further, because the gravity of the error to defendant is significant, we exercise our discretion to correct the error.
Remanded for resentencing; otherwise affirmed.