Opinion
CR90-551C; CA A72503
On respondent's motion for reconsideration filed March 4, 1994.
reconsideration allowed; opinion ( 126 Or. App. 516, 869 P.2d 868) modified; remanded for entry of corrected judgment April 27, 1994. Petition for review denied July 5, 1994 ( 319 Or. 281).
Appeal from Circuit Court, Yamhill County, John W. Hitchcock, Judge. (Amended Judgment)
Ann Kelley, Assistant Attorney General, Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, for motion.
Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.
LEESON, J.
Reconsideration allowed; opinion modified; remanded for entry of corrected judgment deleting sentence of life imprisonment.
Pursuant to ORAP 6.25(1)(b), we allow the state's motion for reconsideration of the disposition of this case, in which we remanded for resentencing with instructions to delete defendant's sentence of life imprisonment. State v. Harris, 126 Or. App. 516, 869 P.2d 868 (1994). We agree that defendant need not be present for resentencing and that the case should be remanded for entry of a corrected judgment deleting defendant's sentence of life imprisonment. State v. Bivens, 127 Or. App. 83, 871 P.2d 486 (1994). The judgment already contains a life-time period of post-prison supervision. Defendant's 25-year minimum term is lawful.
Reconsideration allowed; opinion modified; remanded for entry of corrected judgment deleting sentence of life imprisonment.