Opinion
No. J79-2974, CA 17243
On respondent's reconsideration filed September 30, 1980
Former opinion filed September 15, 1980 Reconsideration allowed, former opinion modified, affirmed October 27, 1980
Appeal from Circuit Court, Douglas County.
Charles S. Woodrich, Judge.
James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem, for petition.
Before Gillette, Presiding Judge, and Roberts and Campbell, Judges.
GILLETTE, P. J.
Petition for reconsideration allowed. Former opinion modified. Affirmed.
The state seeks reconsideration of our former opinion in this case, stating,
"POINT RELIED UPON FOR MODIFICATION
"The Court of Appeals remanded this case for resentencing based upon the state's concession that, under State v. Perkins, 45 Or app 91, 607 P.2d 1202 (1980), the defendant participated in, and should be sentenced for, only one robbery. Both the defendant and the state failed to point out that, by order dated March 31, 1980, the circuit court amended its sentence order to reflect only one robbery conviction. In view of the circuit court's amended sentence order, the state's concession was inappropriate. The defendant was properly sentenced and it is unnecessary to remand the case for resentencing."
In light of this corrected view of the record, our former opinion is modified by striking all that follows the first paragraph of that opinion and substituting the word "Affirmed."
Petition for reconsideration allowed. Former opinion modified. Affirmed.