Opinion
Nos. 05C44149; A129038.
May 27, 2009.
Appeal from the Marion County Circuit Court. Albin W. Norblad, Judge.
On respondent's petition for reconsideration filed March 19, 2009. Opinion filed July 23, 2008. 221 Or App 227, 190 P3d 387.
John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.
Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.
PER CURIAM
Reconsideration allowed; former opinion modified and adhered to as modified; former disposition withdrawn; affirmed.
The state petitions for reconsideration of our decision in this case. In that decision, we concluded that, based on the Oregon Supreme Court's decision in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), rev'd and rem'd, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009), the trial court's imposition of consecutive sentences based on its own findings of fact was plain error. The state now argues that, in light of the United States Supreme Court's reversal of the Oregon court's decision, we should reconsider. We agree. Under the United States Supreme Court's decision, the imposition of consecutive sentences was not error.
Reconsideration allowed; former opinion modified and adhered to as modified; former disposition withdrawn; affirmed.