State v. Drew

The parties jointly move for an order vacating the judgment and remanding this case for resentencing. ORS 138.227(1). 1 We grant the motion.

Defendant was convicted on three separate counts, including the unlawful use of a weapon, ORS 166.220, which is a Class C felony. Pursuant to ORS 161.610(4)(a), the trial court imposed a sentence of five years’ imprisonment and 24 months’ post-prison supervision. That sentence exceeds the statutory maximum of five years for a Class C felony because a sentence includes incarceration and post-prison supervision. Pursuant to ORS 138.222(5), the judgment is…