State v. McCormick

Defendant petitions for reconsideration of our decision affirming his conviction and sentence for criminally negligent homicide. State v. McCormick, 184 Or App 455, 56 P3d 482 (2002). Among other things, he challenges our decision not to review the imposition of a sentence of five years’ imprisonment with three years of post-prison supervision, which he contends violates ORS 161.605 and was plain error that is reviewable notwithstanding his failure to raise the issue at trial.

The state responds that, in State v. Layton, 163 Or App 37, 41, 986 P2d 1221 (1999), rev den, 330 Or 252 (2000), we…