FILED: July 14, 2010
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Plaintiff-Respondent,
v.
DANIEL JOSEPH MITCHELL, JR.,
Defendant-Appellant.
Lane County Circuit Court
200504235
A138064
Karsten H. Rasmussen, Judge.
Submitted on August 28, 2009.
Peter Gartlan, Chief Defender, and Brandon G. Williams, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.
John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jonathan H. Fussner, Senior Assistant Attorney General, filed the brief for respondent.
Before Landau, Presiding Judge, and Ortega, Judge, and Carson, Senior Judge.
LANDAU, P. J.
Sentence vacated and remanded for resentencing; otherwise affirmed.
LANDAU, P. J.
Defendant appeals a judgment revoking probation and imposing sentence consisting of a term of incarceration and a term of post-prison supervision (PPS) totaling 94 months.