STATE v. MILLER

91-03-31276; CA A71277.

835 P.2d 131 (1992)

114 Or. App. 235

STATE of Oregon, Respondent, v. Marcus Deangelo MILLER, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1992.


Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before JOSEPH, C.J., and ROSSMAN and DE MUNIZ, JJ.


JOSEPH, Chief Judge.

Defendant was convicted of attempted murder with a firearm, ORS 163.115; assault in the fourth degree, ORS 163.160, a misdemeanor; carrying a dangerous weapon with intent to use, ORS 166.220; and 2 counts of recklessly endangering, a misdemeanor, ORS 163.195.

Defendant assigns error to the post-prison supervision term of 60 months imposed on the attempted murder conviction. The state agrees that the authorized term is only 36 months but...

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