STATE v. MORGAN

92CR-0594; CA A75012.

851 P.2d 636 (1993)

120 Or. App. 222

STATE of Oregon, Respondent, v. Christopher Michael MORGAN, Appellant.

Court of Appeals of Oregon.

Decided May 12, 1993.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Mary M. Reese, Deputy Public Defender, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., Janet A. Metcalf, Asst. Atty. Gen., and Ann (Micky) Feusse, Certified Law Student, Salem, filed the brief for respondent.

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


PER CURIAM.

Defendant 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.

The state concedes that 60 months postprison supervision exceeds the maximum...

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