State v. Gocan

450 P.3d 591, 300 Or. App. 210

• Court: Court of Appeals of Oregon
• Decided: October 16, 2019
• Docket: A167173
• Status: Published

Opinion

On appellant’s petition for reconsideration filed September 18; reconsideration allowed, former disposition (299 Or App 395, 448 P3d 736) withdrawn, affirmed October 16, 2019

STATE OF OREGON, Plaintiff-Respondent, v. ZAIRE MALIK GOCAN, Defendant-Appellant. Multnomah County Circuit Court 17CR33263, 16CN06231, 17CN02403; A167173 (Control), A166483, A166484 450 P3d 591

Eric J. Bergstrom, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos, Deputy Public Defender, Office of Public Defense Services, for petition. Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge. PER CURIAM Reconsideration allowed; former disposition withdrawn; affirmed. State v. Payne (A166061), 298 Or App 438, 447 P3d 71 (2019). Case Summary: Defendant petitions for reconsideration on the basis that the per curiam decision affirming his case provided an incorrect citation. Held: Reconsideration is allowed to correct the citation in the disposition. Reconsideration allowed; former disposition withdrawn; affirmed. State v. Payne (A166061), 298 Or App 438, 447 P3d 71 (2019). Cite as 300 Or App 210 (2019) 211

PER CURIAM Defendant petitions for reconsideration of our deci- sion in State v. Gocan, 299 Or App 395, 448 P3d 736 (2019), in which we affirmed, citing to State v. Payne (A163092), 298 Or App 411, 447 P3d 515 (2019). Defendant points out in his petition that we mistakenly provided an incorrect citation, as two cases with the title State v. Payne were issued on the same day. Defendant is correct. Thus, we allow reconsider- ation to correct our citation in the disposition. Reconsideration allowed; former disposition with- drawn; affirmed. State v. Payne (A166061), 298 Or App 438, 447 P3d 71 (2019).