Court of Appeals of Oregon, 2008

State v. Yarborough

State v. Yarborough
Court of Appeals of Oregon · Decided November 5, 2008 · Edmonds, Wollheim, Sercombe
196 P.3d 1032; 223 Or. App. 608; 2008 Ore. App. LEXIS 1656 (Pacific Reporter, Third Series)

State v. Yarborough

Opinion

*609 PER CURIAM

Defendant pleaded guilty to identity theft and second-degree forgery, and the trial court imposed a presumptive sentence of 18 months’ probation on both counts, categorizing defendant under grid block 2-F of the Oregon Sentencing Guidelines. Defendant later admitted violating the terms of her probation, and the trial court revoked her probation. The court then imposed a revocation sanction of 13 months’ imprisonment and one year of post-prison supervision on the identity theft conviction and a concurrent jail term of six months on the forgery conviction.

On appeal, defendant argues that the trial court erred in imposing a sentence of 13 months’ imprisonment for identity theft, over her objection that the maximum sentence allowable by law was six months. The state concedes that the trial court erred in that regard because grid block 2-F, under which defendant was originally sentenced, limits the available revocation sentence to a six-month prison sentence. See State v. Bolf, 217 Or App 606, 176 P3d 1287 (2008) (the grid block stated in the judgment controls the sentence that can be imposed upon revocation). We agree and accept the state’s concession.

Remanded for resentencing; otherwise affirmed.

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