Following defendant’s conviction on multiple counts of criminal mistreatment in the first degree, ORS 163.205, the trial court imposed three consecutive sentences of 60 months’ incarceration and 36 months’ post-prison supervision. Defendant appeals, arguing that the sentences violate OAR 213-005-0002(4), which provides that “[t]he term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction.” Defendant points out that, under ORS 161.605(3), the maximum indeterminate sentence for first-degree criminal mistreatment, a Class C felony, is 60 months. 1 Defendant acknowledges that she failed to raise the issue before the trial court, but she argues that the error is apparent on the face of the record.

The state concedes that the court erred in imposing total sentences of 96 months. The state also concedes that we have previously found the same error to be apparent on the face of the record and have exercised our discretion to correct it. See, e.g., State v. Wierson, 216 Or App 318, 172 P3d 281 (2007); State v. Remme, 173 Or App 546, 565-66, 23 P3d 374 (2001).

We conclude that the state’s concessions are well taken and, for the reasons stated in Wierson and Remme, exercise our discretion to correct the error.

Remanded for resentencing; otherwise affirmed.