459
Submitted October 4; in Case Nos. 19CR67974 and 18CR25249, remanded for
resentencing, otherwise affirmed December 15, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
DANNIEL GRANT MARTON,
Defendant-Appellant.
Marion County Circuit Court
19CR67974, 18CR25249;
A173235 (Control), A173236
Audrey J. Broyles, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Emily P. Seltzer, 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 Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
In Case Nos. 19CR67974 and 18CR25249, remanded for
resentencing; otherwise affirmed.
460 State v. Marton
PER CURIAM
In this consolidated criminal appeal, defendant
raises four assignments of error. We reject without written
discussion his first assignment of error. As to the third and
fourth assignments of error, defendant contends that the
sentences imposed by the trial court exceeded the statutory
maximum. The state concedes that the post-prison supervision (PPS) terms that the trial court imposed exceeded the
total duration of the sentence allowed (prison incarceration
and PPS) for his criminal mistreatment convictions. OAR
213-005-0002(4). We agree and accept the state’s concession.
We therefore remand for resentencing. Given that disposition, we need not reach defendant’s second assignment of
error.
In Case Nos. 19CR67974 and 18CR25249, remanded
for resentencing; otherwise affirmed.
