State v. McCoy

Defendant appeals his sentence for assault in the third degree with a firearm. ORS 163.165. The trial court sentenced defendant to five years incarceration, with a two-year period of post-prison supervision (PPS). Defendant assigns error to that sentence, arguing that, under the sentencing guidelines, his total period of incarceration and PPS may not exceed the maximum indeterminate sentence for third degree assault, which is five years. ORS 161.605(3); OAR 213-05-002(4).

Defendant’s argument is unpreserved. Nevertheless, he urges us to review it as an error apparent on the face of the record.…