Opinion
A159866
08-15-2018
STATE of Oregon, Plaintiff-Respondent, v. Hewad NOORZAI, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Erin J. Snyder Severe, Deputy Public Defender, Office of Public Defense Services, for motion. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, for response.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Erin J. Snyder Severe, Deputy Public Defender, Office of Public Defense Services, for motion.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, for response.
Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.
PER CURIAMFollowing the issuance of our opinion in this case, State v. Noorzai , 292 Or. App. 248, 423 P.3d 742 (2018), defendant moved to dismiss his appeal. In its response, the state objected to dismissal; the state alternatively moved on equitable grounds that we vacate our opinion. Defendant does not oppose vacatur. We agree that equitable considerations support vacatur in this case. See Kerr v. Bradbury , 340 Or. 241, 247-50, 131 P.3d 737, adh'd to on recons. , 341 Or. 200, 140 P.3d 1131 (2006). Accordingly, we grant defendant's motion to dismiss his appeal and the state's motion to vacate the opinion.
Appeal dismissed; the court's opinion in State v. Noorzai , 292 Or. App. 248, 423 P.3d 742 (2018), is vacated.