State v. Galvin

Defendant pleaded guilty to one count of driving while suspended (DWS), a Class A misdemeanor, ORS 811.182, and a jury found him guilty of one count of felony driving while under the influence of intoxicants (DUII), a Class C felony, ORS 813.010(l)(b). On the DUII count, the court sentenced him to 60 months’ imprisonment and 24 months’ post-prison supervision. On the DWS count, it sentenced him to 12 months’ incarceration in the county jail, consecutively to the sentence on the DUII count.

On appeal, defendant assigns error to the DUII sentence on the ground that it exceeds the maximum…