State v. Elk

Defendant appeals a judgment of conviction for one count of public indecency, ORS 163.465, assigning error to the trial court’s imposition of 36 months of incarceration and 60 months of post-prison supervision. Defendant argues that the sentence violates ORS 161.605, which provides that the “maximum term of an indeterminate sentence,” combining incarceration and post-prison supervision, for a Class C felony — such as public indecency, ORS 163.465(2)(b)—is 60 months. See State v. Mitchell, 236 Or App 248, 253, 235 P3d 725 (2010). Although defendant admits that his assignment of error is…