State v Garcia-Rocio

Under ORS 163.411, unlawful sexual penetration in the first degree is considered a Class A Felony and is subject to ORS 144.103 and 161.605, which limit the aggregate of prison sentence and post-prison supervision to a maximum of 20-years.

Defendant appealed the judgments of two consolidated cases pertaining to a conviction of multiple sexual offenses. On appeal, Defendant proffered six assignments of error, of which he prevailed on one. Defendant assigned error to the trial court’s award of 20-years of post-prison supervision terms imposed after a 100-month prison sentence on two counts of first degree unlawful sexual penetration. In response, the State conceded that the term length for the post-prison supervision was too long. Under ORS 163.411, unlawful sexual penetration in the first degree is considered a Class-A Felony and is subject to ORS 144.103 and 161.605, which limit the aggregate of prison sentence and post-prison supervision to a maximum of 20-years. The Court of Appeals held that the trial court erred by imposing a sentence that exceeded the allowable term lengths under the applicable statutes. Case Numbers C122303CR and C131573CR remanded for resentencing; otherwise affirmed.