Opinion
C900929CR; CA A70428
Submitted on record and briefs September 1, 1992
Conviction affirmed; remanded for resentencing September 30, 1992
Appeal from Circuit Court, Washington County.
Donald C. Ashmanskas, Judge.
Sally L. Avera, Public Defender, and Ingrid A. MacFarlane, Deputy Public Defender, Salem, filed the brief for appellant.
Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Joseph, Chief Judge, and De Muniz, Judge.
PER CURIAM
Conviction affirmed; remanded for resentencing.
The state concedes that the trial court erred in imposing a 5-year period of post-prison supervision. OAR 253-05-002(2)(c) prescribes a 3-year period in this case.
Conviction affirmed; remanded for resentencing.