State v. Mitchell

Defendant appeals a judgment revoking probation and imposing sentence consisting of a term of incarceration and a term of post-prison supervision (PPS) totaling 94 months. He argues that the sentence that the trial court imposed is unlawful because the total period of incarceration and PPS exceeds the statutory 60-month limit that applies to the offense on which he was sentenced and because the PPS term is indeterminate. We agree with defendant, vacate the sentence, remand for resentencing, and otherwise affirm.

The relevant facts are few and undisputed. Defendant was charged with one count…