Court of Appeals of Oregon, 1995

State v. Biswell

State v. Biswell
Court of Appeals of Oregon · Decided September 27, 1995 · Deits, Muniz, Richardson
137 Or. App. 142; 903 P.2d 416; 1995 Ore. App. LEXIS 1372

State v. Biswell

Opinion of the Court

PER CURIAM

Defendant pled guilty to criminal conspiracy to escape. The court imposed a 24-month prison term and a 36-month post-prison supervision term. On appeal, defendant contends that, under OAR 253-05-002(2)(b), the post-prison supervision term should have been 24 months.

The state concedes that the court erred and that, although defendant did not raise the issue in the trial court, we should review it because it is an error apparent on the face of the record. ORAP 5.45(2). We accept the concession.

Conviction affirmed; remanded for resentencing.

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