State v. Carter

In this criminal appeal, defendant challenges his concurrent sentences of 36 months’ imprisonment and 36 months’ post-prison supervision (PPS) as exceeding the maximum permitted by law. Defendant requests that we review his sentences as plain error under ORAP 5.45(1), and exercise our discretion to correct the error. See Ailes v. Portland Meadows, Inc., 312 Or 376, 382, 823 P2d 956 (1991).

Defendant pleaded guilty to two counts of second-degree attempted assault. ORS 161.405(2)(c) (“An attempt is a * * * Class C felony if the offense attempted is a Class B felony.”); ORS 163.175(2) (“Assault…