State v. Sullivan

230 P.3d 100, 235 Or. App. 177, 2010 Ore. App. LEXIS 463

Opinion

PER CURIAM

The state petitions for reconsideration of our decision in State v. Sullivan, 234 Or App 38, 227 P3d 1186 (2010), asserting that the court made a factual error that led to an erroneous remand for resentencing.

On reconsideration, we agree with the state that the opinion contains a typographical error, and accordingly, make one modification to the recitation of facts in the opinion. We stated, “The judgment that the court entered did not merge the second-degree assault conviction into the first-degree assault conviction, but rather imposed consecutive sentences on those convictions.” Id. at 41. We withdraw that sentence and replace it with the following: “The judgment that the court entered did not merge the second-degree assault conviction into the first-degree assault conviction, but rather imposed concurrent sentences on those convictions.”

Contrary to the state’s argument, that typographical error did not affect our disposition. ORS 138.222(5). We reject without discussion the state’s remaining arguments on reconsideration.

Reconsideration allowed; former opinion modified and adhered to as modified.