State v. Crane

In this consolidated appeal, defendant challenges the sentences entered after she pled guilty to charges of fraudulent use of a credit card, ORS 165.055, theft in the second degree, ORS 164.045, and two counts of forgery in the first degree. ORS 165.013. Our review of the trial court’s action is limited to determining whether the sentences exceed the maximum allowable by law or are cruel and unusual. ORS 138.050(l)(a).

The state concedes that the trial court exceeded its authority when it imposed a five-year term of imprisonment with a 30-month minimum on the charge of fraudulent use of a…