State v. Hollinquest
State v. Hollinquest
Opinion of the Court
Defendant was convicted of first-degree manslaughter, ORS 163.118, and felon in possession of a firearm, ORS 166.270. On appeal, defendant makes two arguments concerning the sentence he received on the manslaughter conviction, and, in a pro se supplemental brief, challenges the sufficiency of the evidence to support the manslaughter conviction.
On the manslaughter conviction, the trial court imposed a sentence of 240 months, or 20 years, as an upward departure sentence, and further provided that defendant was to serve “a period of post-prison supervision for 36 months” on that conviction. Manslaughter in the first degree is a Class A felony. ORS 163.118. The maximum indeterminate sentence that a defendant may be required to serve for a Class A felony is 20 years. ORS 161.605. In State v. McCormick, 185 Or App 491, 60 P3d 1089 (2002), rev den, 335 Or 391 (2003), we concluded that the imposition of a term of post-prison supervision in addition to an incarceration term that already equaled the maximum permitted under ORS 161.605 constituted plain error.
The state concedes that the present case presents the same type of error we addressed in McCormick. The state urges, however, that this court should not correct the plain error because it views the error as essentially harmless. The state notes that a 24-month term of post-prison supervisión was imposed in Case 020533136, which defendant does not challenge on appeal, and cites State v. Tracy, 116 Or App 329, 840 P2d 1380 (1992), for the proposition that, because there is a single term of post-prison supervision for the sentences, error as to one of the terms of post-prison supervision does not require correction.
In Case 001239972, sentences vacated; remanded for resentencing; otherwise affirmed. In Case 020533136, affirmed.
Defendant’s appeal actually concerns two separate criminal judgments. He makes no assignment of error pertaining to his conviction in Multnomah County Circuit Court Case 020533136, however.
Reference
- Full Case Name
- STATE OF OREGON, Plaintiff-Respondent v. DASAY LAMONT HOLLINQUEST, aka Dasay Lamonte Hollingquest
- Cited By
- 1 case
- Status
- Published