State v. Lockett

                                  482

  Submitted October 1; in Case No. 20CR32292, remanded for resentencing,
   otherwise affirmed; in Case No. 19CR48434, affirmed October 27, 2021


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
               MATTHEW LOGAN LOCKETT,
                    Defendant-Appellant.
               Jefferson County Circuit Court
                  19CR48434, 20CR32292;
                 A174902 (Control), A174903
                               

  Daniel Joseph Ahern, Senior Judge.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Neil F. Byl, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Timothy A. Sylwester, Assistant
Attorney General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
  PER CURIAM
   In Case No. 20CR32292, remanded for resentencing;
otherwise affirmed. In Case No. 19CR48434, affirmed.
Cite as 

 (2021)                           483

        PER CURIAM
         In these consolidated cases, defendant appeals a
judgment convicting him of unlawful use of a weapon, ORS
166.220, and judgment revoking his probation on a conviction
for felon in possession of a firearm, ORS 166.270. He raises
no issue on appeal concerning the probation revocation judgment. With respect to the unlawful use of a weapon conviction, defendant was sentenced to 60 months’ incarceration,
to be followed by a 36-month post-prison supervision term.
He argues on appeal that the trial court erred in imposing
the post-prison supervision term because that term, when
added to the 60-month incarceration term, exceeds the maximum indeterminate sentence of five years for the offense.
See ORS 161.605(3) (establishing five year maximum indeterminate sentence for Class C felonies); OAR 213-005-
0002(4) (“The term of post-prison supervision, when added
to the prison term, shall not exceed the statutory maximum
indeterminate sentence for the crime of conviction.”).
         The state concedes that the trial court erred by
imposing a post-prison supervision term that, when combined with defendant’s prison term, exceeds the statutory
maximum sentence for the conviction. We agree and accept
the state’s concession.
         In Case No. 20CR32292, remanded for resentencing; otherwise affirmed. In Case No. 19CR48434, affirmed.