Opinion
A179954
08-14-2024
STATE OF OREGON, Plaintiff-Appellant, v. TAYLOR BRYANT BRIGHT, Defendant-Respondent.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Oregon Public Defense Commission for petition.
Curry County Circuit Court 21CR16034; Cynthia Lynnae Beaman, Judge.
On respondent's petition for reconsideration fled June 14, 2024. Opinion fled June 5, 2024. 333 Or.App. 58 (2024).
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Oregon Public Defense Commission for petition.
Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot, Judge.
JOYCE, J.
Defendant petitions for reconsideration of our opinion in State v. Bright, 333 Or.App. 58,__P.3d__(2024). We allow reconsideration, modify our prior opinion as described below, and adhere to the opinion as modified.
In his petition, defendant asks us to clarify the scope of the trial court's authority on remand. The state has not filed a response to the petition.
We grant reconsideration to clarify the scope of the court's authority on remand. We add the following sentence to the end of the last paragraph of our original opinion, 333 Or.App. at 62: "We therefore reverse and remand for further proceedings consistent with this opinion, including factfinding under the correct legal standard."
Reconsideration allowed; opinion modified and adhered to as modified.