STATE v. REYES (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Michael Christopher REYES, Defendant-Appellant.

A168052

Decided: January 23, 2020

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Kistler, Senior Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Laura A. Frikert, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent.

Defendant, who was convicted of assaulting a public safety officer, ORS 163.208, argues on appeal that the trial court erred in imposing a sentence of 42 months’ imprisonment and 24 months’ post-prison supervision, which exceeds the statutory maximum of 60 months for that offense, ORS 161.605(3). The state concedes the error. We agree, accept the state’s concession, and, for the reasons set out in State v. Jepsen, 292 Or. App. 884, 885, 425 P.3d 507 (2018), exercise our discretion to correct the error. We reject defendant’s remaining assignment of error without discussion.

Remanded for resentencing; otherwise affirmed.

PER CURIAM

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