State v. Capri

Pursuant to a plea bargain, defendant pleaded guilty to two counts of felony stalking. The court sentenced him to 41 months of incarceration and three years of post-prison supervision on each count, with 28 months of the second count to run concurrently with the first count. Defendant argues that the trial court erred in sentencing him because 41 months of incarceration added to three years of post-prison supervision exceeds the five-year statutory maximum indeterminate sentence for a Class C felony, contrary to OAR 213-005-0002(4), set out below. Defendant concedes that his claim is not…