903 P.2d 416
94-2250-A-C-2; CA A85322Oregon Court of Appeals.Submitted on record and briefs June 22, 1995.
Conviction affirmed; remanded for resentencing September 27, 1995.
Appeal from Circuit Court, Jackson County, Loren L. Sawyer, Judge.
Sally L. Avera, Public Defender, and Louis R. Miles, Deputy Public Defender, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janie M. Burcart, Assistant Attorney General, filed the brief for respondent.
Before Richardson, Chief Judge, and Deits and De Muniz, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
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PER CURIAM
Defendant pled guilty to criminal conspiracy to escape. The court imposed a 24-month prison term and a 36-month post-prison supervision term. On appeal, defendant contends that, under OAR 253-05-002(2)(b), the post-prison supervision term should have been 24 months.
The state concedes that the court erred and that, although defendant did not raise the issue in the trial court, we should review it because it is an error apparent on the face of the record. ORAP 5.45(2). We accept the concession.
Conviction affirmed; remanded for resentencing.
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