210
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
Submitted July 1; remanded for resentencing, otherwise affirmed
August 3, 2022
STATE OF OREGON,
Plaintiff-Respondent,
v.
CLIFFORD DUANE GROSS,
Defendant-Appellant.
Umatilla County Circuit Court
20CR61014; A175767
Christopher R. Brauer, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kyle Krohn, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Lauren P. Robertson, Assistant
Attorney General, filed the brief for respondent.
Before Tookey, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
PER CURIAM
Remanded for resentencing; otherwise affirmed.
Nonprecedential Memo Op:
321 Or App 210
(2022) 211
PER CURIAM
Defendant appeals a judgment convicting him of
fourth-degree assault constituting domestic violence, ORS
163.160(3), a Class C felony. The trial court imposed a
sentence of 38 months’ imprisonment to be followed by 24
months of post-prison supervision. Defendant asserts that
the sentence that the trial court imposed constitutes plain
error because the combined incarceration term and post-prison supervision term exceed the statutory maximum for
the offense, which carries a maximum indeterminate sentence of five years. ORS 161.605(3). See also 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 committed plain error in
imposing that sentence. We agree and accept the state’s concession. Further, because the gravity of the error to defendant is significant, we exercise our discretion to correct the
error.
Remanded for resentencing; otherwise affirmed.
