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120 Or. App. 222

State v. Morgan

Court of Appeals of Oregon

Decided May 12, 1993

Court of Appeals of Oregon · decided 1993-05-12

Applies OR 164 § 164.225

Decided 1993-05-12

PER CURIAM

¶1Defendant appeals his conviction for burglary in the first degree. ORS 164.225. Under the sentencing guidelines, that conviction, with the enhancing factor that defendant threatened physical injury to the victim, results in a crime seriousness category of 9. OAR 253-04-002(2). The court sentenced defendant to 37 months imprisonment and 60 months post-prison supervision.

¶2The state concedes that 60 months post-prison supervision exceeds the maximum allowed by law. We accept that concession.

¶3Conviction affirmed; remanded for resentencing.

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