State v. Fults

This case is on remand from the Supreme Court, State v. Fults, 343 Or 515, 173 P3d 822 (2007), following its reversal of our decision, 210 Or App 150, 149 P3d 1248 (2006), in which we exercised our discretion under ORAP 5.45(1) to review defendant’s unpreserved objection to the length of the probation period imposed by the trial court with respect to his conviction for manufacture of controlled substances (MCS).

In our opinion, we held that the trial comb’s sentencing of defendant to a term of 36 months’ probation on his MCS conviction, thereby exceeding the presumptive sentence of 24 months…