State v. Mills
This text of 208 P.3d 980 (State v. Mills) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The state petitions for reconsideration. In State v. Mills, 219 Or App 225, 182 P3d 889 (2008), we granted defendant’s petition for reconsideration, vacated our prior decision, State v. Mills, 215 Or App 112, 168 P3d 338 (2007), and remanded for resentencing in light of State v. Ice, 343 Or 248, 170 P3d 1049 (2007). Ice, however, subsequently was reversed. Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009). The state now argues that, in light of Ice, our remand for resentencing was erroneous. The state is correct that the case is controlled by the United States Supreme Court’s decision in Ice. Accordingly, on reconsideration, we withdraw our former opinion and affirm.
Reconsideration allowed; former opinion withdrawn; affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
208 P.3d 980, 228 Or. App. 361, 2009 Ore. App. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mills-orctapp-2009.