Opinion
Nos. 109704562 and 159701214B; CA A99667 (Control) and CA A99740 (Cases Consolidated)
Filed: August 30, 2000
Appeal from Circuit Court, Lane County, Pierre Van Rysselberghe, Judge.
On respondent's petition for reconsideration filed June 29, 2000, and appellant's response to state's petition for reconsideration filed July 5, 2000. Opinion filed June 7, 2000. 168 Or. App. 249, ___ P.3d ___.
Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General and Ann Kelley, Assistant Attorney General, for petition.
Robin L. Jones, Deputy Public Defender, for response.
Before DE MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.
DE MUNIZ, P. J.
Reconsideration allowed; opinion adhered to as modified.
The state petitions for reconsideration of our opinion in State v. Ogden, 168 Or. App. 249, 6 P.3d 1110 (2000), to clarify the effect of our decision. In Ogden, defendant appealed from his conviction for four counts of coercion, ORS 163.275, two counts of assault in the fourth degree, ORS 163.160, and one count each of harassment, ORS 166.065, and menacing, ORS 163.190. Although defendant's brief only assigned error to his conviction for four counts of coercion, the state correctly points out that our final disposition inadvertently failed to resolve defendant's appeal as to the four misdemeanor counts. We therefore grant reconsideration to clarify the effect of our earlier opinion. Accordingly, the disposition is modified to read: "Reversed and remanded as to four counts of coercion; otherwise affirmed."
Reconsideration allowed; opinion adhered to as modified.