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STATE v. LOWELL

09C51793; A145894.

270 P.3d 404 (2012)

247 Or. App. 733

STATE of Oregon, Plaintiff-Respondent, v. Thomas Lee LOWELL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 25, 2012.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher and Portland Law Collective, LLP, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Susan G. Howe , Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

PER CURIAM.

Defendant was convicted of conversion, a Class C felony under ORS 163.275(2), and was sentenced to 36 months of imprisonment and 36 months of post-prison supervision. On appeal, defendant argues that the trial court plainly erred in imposing a sentence that exceeds 60 months, the maximum allowed by law for a Class C felony. ORS 161.605(3) (maximum term of an indeterminate sentence of imprisonment is, "[f]or a...

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