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STATE v. MARKS

07P50273, A136456.

206 P.3d 1102 (2009)

227 Or. App. 634

STATE of Oregon, Plaintiff-Respondent, v. Dontae Lamar MARKS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 22, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Erica Herb, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Amanda J. Austin, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendant was convicted of criminal contempt of court for failing to pay child support. ORS 33.065. The trial court imposed a six-year term of probation. On appeal, defendant argues that the maximum term of probation for his crime is five years, ORS 137.010(4), and that the trial court's imposition of a six-year term constitutes error apparent on the face of the record under ORAP 5.45. The state concedes that the court plainly erred and that the case should...

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