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STATE v. WIERSON

C053516CR; A131681.

172 P.3d 281 (2007)

216 Or. App. 318

STATE of Oregon, Plaintiff-Respondent, v. Eric Leslie WIERSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 28, 2007.

Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was convicted of attempted assault in the second degree, ORS 163.175, and was sentenced to a prison term of 27 months, followed by three years of post-prison supervision. On appeal, defendant argues that the court erred in imposing a sentence in violation of OAR 213-005-0002(4), which provides that a "term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crimes of...

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