State v. Coleman
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820 November 24, 2021 No. 826 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. KAREN MARIE COLEMAN, Defendant-Appellant. Clackamas County Circuit Court 19CR02492; A173811 Todd L. Van Rysselberghe, Judge pro tempore. Submitted October 1, 2021. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Francis C. Gieringer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jon Zunkel-deCoursey, Assistant Attorney General, filed the brief for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Cite as 315 Or App 820 (2021) 821 PER CURIAM Defendant appeals a judgment revoking her probation on one count of first-degree criminal mischief, ORS 164.365, and sentencing her to 18 months’ imprisonment and 24 months’ post-prison supervision. She asserts that the trial court plainly erred in imposing a 24-month postprison supervision term, as the correct term for her offense is 12 months. The state concedes that the erroneous postprison supervision term constitutes plain error. We agree and accept that concession. See ORS 213-017-0010(14) (firstdegree criminal mischief in these circumstances constitutes a crime category 2 offense); OAR 213-005-0002(2)(a) (post-prison supervision term of a category 2 offense is 12 months). For the reasons set forth in State v. Cunningham, 299 Or App 523, 451 P3d 268 (2019), we exercise our discretion to correct the error. Remanded for resentencing; otherwise affirmed.
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