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STATE v. ELK

CF090210; A144246.

247 P.3d 328 (2011)

240 Or. App. 432

STATE of Oregon, Plaintiff-Respondent, v. Troy Alton ELK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 12, 2011.

Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Timothy A. Sylwester , Attorney-in-Charge, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

PER CURIAM.

Defendant appeals a judgment of conviction for one count of public indecency, ORS 163.465, assigning error to the trial court's imposition of 36 months of incarceration and 60 months of post-prison supervision. Defendant argues that the sentence violates ORS 161.605, which provides that the "maximum term of an indeterminate sentence," combining incarceration and post-prison supervision, for a Class C felony—such as public indecency, ORS 163.465...

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