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STATE v. MITCHELL

200504235; A138064.

235 P.3d 725 (2010)

236 Or. App. 248

STATE of Oregon, Plaintiff-Respondent, v. Daniel Joseph MITCHELL, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 14, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Brandon G. Williams, 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 Jonathan H. Fussner, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant appeals a judgment revoking probation and imposing sentence consisting of a term of incarceration and a term of post-prison supervision (PPS) totaling 94 months. He argues that the sentence that the trial court imposed is unlawful because the total period of incarceration and PPS exceeds the statutory 60-month limit that applies to the offense on which he was sentenced and because the PPS term is indeterminate. We agree with defendant, vacate...

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