From Casetext: Smarter Legal Research

State v. Pulcipher

Oregon Court of Appeals
May 27, 2009
209 P.3d 380 (Or. Ct. App. 2009)

Opinion

Nos. C020754CR, C020987CR, C013620CR; A118944 (Control), A120457, A120070.

May 27, 2009.

Appeal from the Washington County Circuit Court. Suzanne Upton, Judge.

On appellant's petition for reconsideration filed April 15, 2009. Opinion filed April 1, 2009. 227 Or App 9, 204 P3d 852.

Peter Gartlan, Chief Defender, and Rebecca Duncan, Assistant Chief Defender, Office of Public Defense Services, for petition.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Haselton, Judge.


PER CURIAM

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


Defendant petitions for reconsideration of our opinion in State v. Pulcipher, 227 Or App 9, 204 P3d 852 (2009), on the basis that we erred in describing his sentence on Count 9 of the indictment as a "consecutive 12-month departure sentence." Id. at 11. In reviewing the record, we agree with defendant. The sentence imposed on Count 9 of the indictment was a consecutive 12-month sentence, not a "consecutive departure sentence." Our erroneous description of defendant's sentence on Count 9 had no effect on our analysis in the remainder of the opinion. Accordingly, we adhere to our opinion as modified to correct the description of defendant's sentence on Count 9.

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


Summaries of

State v. Pulcipher

Oregon Court of Appeals
May 27, 2009
209 P.3d 380 (Or. Ct. App. 2009)
Case details for

State v. Pulcipher

Case Details

Full title:STATE OF OREGON, Plaintiff-Respondent, v. ANDREW FREDERIC PULCIPHER…

Court:Oregon Court of Appeals

Date published: May 27, 2009

Citations

209 P.3d 380 (Or. Ct. App. 2009)
209 P.3d 380