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118 Or. App. 97

State v. Smith

Court of Appeals of Oregon

Decided February 3, 1993

Court of Appeals of Oregon · decided 1993-02-03

Applies OR 163 § 163.175

Decided 1993-02-03

PER CURIAM

¶1Defendant appeals his conviction for attempted assault in the second degree. ORS 163.175. He contends that the departure sentence under the guidelines was improper, because the court failed to make findings that there were substantial and compelling reasons to depart from the presumptive sentence.

¶2Defendant made no objection to the sentence and, in fact, stipulated to the dispositional departure as part of a negotiated plea of no contest. We decline to address the claim of error.

¶3However, the state concedes that the court erred by imposing a three-year term of post-prison supervision instead of 18 months. We accept that concession.

¶4Conviction affirmed; remanded for resentencing.

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