State v. Crowell
State v. Crowell
Opinion of the Court
Defendant was convicted of kidnapping in the second degree, ORS 163.225; robbery in the second degree, ORS 164.405; and unauthorized use of a motor vehicle, ORS 164.135. He received partially consecutive and partially concurrent 70-month mandatory minimum sentences on the first two offenses pursuant to ORS 137.700, and a concurrent 13-month sentence for unauthorized use of a motor vehicle. The court also imposed a 10-year term of post-prison supervision, less the time actually served in prison. On appeal, defendant asserts that the court made several errors in sentencing. As explained below, we affirm defendant’s convictions and remand for resentencing.
Defendant first argues that the trial court erred in imposing a 10-year post-prison supervision term. Although he did not preserve the issue before the trial court, defendant asserts that the error is apparent on the face of the record. ORAP 5.45(1). Defendant points out that, under OAR 213-005-0002(2)(a), the proper term of post-prison supervision is three years.
Defendant also contends that the court’s imposition of partially consecutive sentences based on findings pursuant to ORS 137.123 was erroneous wader Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). Again, defendant acknowledges that that claim of error was not
Sentences vacated; remanded for resentencing; otherwise affirmed.
OAR 213-005-0002(2) provides, in part:
“The duration of post-prison supervision shall be determined by the crime seriousness category of the most serious current crime of conviction:
“(a) One year for Crime Categories 1-3, two years for Crime Categories 4-6 and three years for Crime Categories 7-11.”
Both robbery in the second degree and kidnapping in the second degree are crime category 9 offenses. OAR 213-017-0003.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.