Opinion
A176733
04-12-2023
STATE OF OREGON, Plaintiff-Respondent, v. JODY ROBERT DEMERITT, Defendant-Appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and E. Nani Apo, Assistant Attorney General, for petition.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Douglas County Circuit Court 20CR25282; A176733 William A. Marshall, Judge.
On respondent's petition for reconsideration fled February 17, 2023. Nonprecedential memorandum opinion fled February 8, 2023. 324 Or.App. 183.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and E. Nani Apo, Assistant Attorney General, for petition.
Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge.
ORTEGA, P. J.
Reconsideration allowed; former disposition withdrawn; portion of judgment requiring defendant to pay $7,500.00 in restitution vacated; remanded for resentencing; otherwise affrmed.
The state petitions for reconsideration of our decision in State v. Demeritt, 324 Or.App. 183, __ P.3d __ (2023) (nonprecedential memorandum opinion), in which we accepted the state's concession of error regarding a restitution award in light of State v. Skockey, 285 Or.App. 718, 398 P.3d 444, adh'd to on recons, 287 Or.App. 236, 399 P.3d 491 (2017). In its petition, the state argues that our prior disposition failed to consider that an amendment to the statute relating to fines for wildlife violations called for a different disposition than the disposition from our opinion on reconsideration in Shockey. Although the state first brought that argument about the amendment to the court's attention in its petition for reconsideration, we nonetheless modify our disposition to allow for the parties to argue on remand for the appropriate result on resentencing.
Reconsideration allowed; former disposition withdrawn; portion of judgment requiring defendant to pay $7,500.00 in restitution vacated; remanded for resentencing; otherwise affirmed.