From Casetext: Smarter Legal Research

State v. Linebaugh

Oregon Court of Appeals
Dec 23, 1997
945 P.2d 97 (Or. Ct. App. 1997)

Opinion

(95-2968-C3; CA A91649

Argued and submitted May 28, 1997

Remanded in part; otherwise affirmed September 10, 1997 Petition for review denied December 23, 1997 ( 326 Or. 234)

Appeal from the Circuit County, Jackson County, Mitchell A. Karaman, Judge.

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Robert E. Sabido, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before Riggs, Presiding Judge, and Landau and Leeson, Judges.


PER CURIAM

Remanded for entry of a corrected judgment; otherwise affirmed.


Defendant appeals from a judgment of conviction on three counts of first-degree sexual abuse. Only one of his three assignments of error requires discussion. Defendant argues that the trial court erred in imposing a 10-year term of post-prison supervision. The state concedes that the term of post-prison supervision exceeds that authorized by ORS 144.103. ORS 144.103 provides that the term of post-supervision, when added to the term of imprisonment, shall not exceed the maximum statutory indeterminate sentence.

We accept the state's concession.

Remanded for entry of a corrected judgment; otherwise affirmed.


Summaries of

State v. Linebaugh

Oregon Court of Appeals
Dec 23, 1997
945 P.2d 97 (Or. Ct. App. 1997)
Case details for

State v. Linebaugh

Case Details

Full title:STATE OF OREGON, Respondent, v. HENRY CLIFFORD LINEBAUGH, Appellant

Court:Oregon Court of Appeals

Date published: Dec 23, 1997

Citations

945 P.2d 97 (Or. Ct. App. 1997)
945 P.2d 97

Citing Cases

Linebaugh v. Belleque

) The Oregon Court of Appeals affirmed the conviction without a reasoned opinion, but remanded for correction…