State v. Wierson

Defendant was convicted of attempted assault in the second degree, ORS 163.175, and was sentenced to a prison term of 27 months, followed by three years of post-prison supervision. On appeal, defendant argues that the court erred in imposing a sentence in violation of OAR 213-005-0002(4), which provides that a “term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crimes of conviction.” Because the crime of conviction is a Class C felony, the maximum indeterminate sentence is five years. ORS 161.605(3). Therefore,…