STATE v. FLANAGAN

Nos. 075095; A138335.

219 P.3d 610 (2009)

231 Or. App. 561

STATE of Oregon, Plaintiff-Respondent, v. Arthur Leon Colby FLANAGAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 28, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Ernest G. Lannet, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jennifer S. Lloyd, Attorney-in-Charge Criminal Appeals, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


PER CURIAM.

Defendant was convicted of felony fourth-degree assault and reckless endangerment. For the assault, the trial court sentenced him to 55 months' imprisonment, followed by 24 months' post-prison supervision. Defendant did not object to the sentence. He now appeals, assigning error to the imposition of the sentence, which he contends violates OAR 213-005-0002(4). That rule provides that a "term of post-prison supervision, when added to the prison term, shall...

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