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State v. Jones

Oregon Court of Appeals
Dec 9, 1992
842 P.2d 466 (Or. Ct. App. 1992)

Opinion

90C-20365; CA A68211

Submitted on appellant's motion for reconsideration filed November 12, 1992

Reconsideration allowed; opinion ( 116 Or. App. 393, 842 P.2d 419) modified and adhered to as modified December 9, 1992

Appeal from Circuit Court, Marion County.

Robert B. McConville, Judge.

Jesse Wm. Barton, Deputy Public Defender, Salem, for motion.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.


PER CURIAM

Reconsideration allowed; opinion modified and adhered to as modified.


We allow defendant's motion for reconsideration. ORAP 9.15(6). In our original decision, State v. Jones, 113 Or. App. 228, 832 P.2d 459 (1992), we remanded for resentencing on two grounds: that the court had erred in imposing sentence under ORS 137.635 on the basis of State v. Haydon, 113 Or. App. 205, 832 P.2d 457 (1992), and that the court had erred in denying defendant credit for time served. On reconsideration, we withdrew our original opinion and remanded for resentencing on the basis of our decision on reconsideration in State v. Haydon, 116 Or. App. 347, 842 P.2d 410 (1992). Accordingly, on further reconsideration, we modify our opinion on reconsideration and adopt the reasoning and conclusion from our original opinion that the sentencing court erred also in denying defendant credit for time served. State v. Jones, supra, 113 Or App at 229.

Reconsideration allowed; opinion modified and adhered to as modified.


Summaries of

State v. Jones

Oregon Court of Appeals
Dec 9, 1992
842 P.2d 466 (Or. Ct. App. 1992)
Case details for

State v. Jones

Case Details

Full title:STATE OF OREGON, Respondent, v. DAVID ANDREW JONES, Appellant

Court:Oregon Court of Appeals

Date published: Dec 9, 1992

Citations

842 P.2d 466 (Or. Ct. App. 1992)
842 P.2d 466

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