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State v. Westbrook

204 P.3d 116, 226 Or. App. 462, 2009 Ore. App. LEXIS 142
CourtCourt of Appeals of Oregon
DecidedMarch 11, 2009
Docket2004-23125, 2004-23277, 2005-05744, 2004-23624, 2005-05745, 2005-07054; A128352, A128353, A128354, A129155, A129156, A129157
StatusPublished
Cited by1 cases

This text of 204 P.3d 116 (State v. Westbrook) 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.

Bluebook
State v. Westbrook, 204 P.3d 116, 226 Or. App. 462, 2009 Ore. App. LEXIS 142 (Or. Ct. App. 2009).

Opinion

PER CURIAM

The state petitions for reconsideration, arguing that, in light of Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009), we should vacate our prior opinion in State v. Westbrook, 221 Or App 433, 190 P3d 437, vac’d and rent’d on recons, 224 Or App 493, 199 P3d 343 (2008). We agree that Oregon v. Ice is dispositive and that, consequently, the trial court did not err in imposing consecutive sentences. Accordingly, we vacate both of our former opinions, each of which was predicated on the premise that State v. Ice, 343 Or 248, 170 P3d 1049 (2007), was controlling.

Reconsideration allowed; former opinions vacated; affirmed.

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Related

State v. Westbrook
204 P.3d 116 (Court of Appeals of Oregon, 2009)

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Bluebook (online)
204 P.3d 116, 226 Or. App. 462, 2009 Ore. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-westbrook-orctapp-2009.