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STATE v. CAPRI

CR0901311; A145892.

273 P.3d 290 (2012)

248 Or. App. 391

STATE of Oregon, Plaintiff-Respondent, v. Lawrence Michael CAPRI, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 29, 2012.

Attorney(s) appearing for the Case

Bear Wilner-Nugent , Portland, filed the brief for appellant.

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

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

SCHUMAN, P.J.

Pursuant to a plea bargain, defendant pleaded guilty to two counts of felony stalking. The court sentenced him to 41 months of incarceration and three years of post-prison supervision on each count, with 28 months of the second count to run concurrently with the first count. Defendant argues that the trial court erred in sentencing him because 41 months of incarceration added to three years of post-prison supervision exceeds the five-year statutory maximum...

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