Public-domain · open source
OpenJurist

119 Or. App. 494

849 P.2d 1160

State v. Johnson

Court of Appeals of Oregon

Decided April 21, 1993

Court of Appeals of Oregon · decided 1993-04-21

Cited by 2 later decisions — most recently July 1996

1 federal appellate ·

Applies OR 161 § 161.737

Good law ✅— No negative treatment on recordhow we know

Decided 1993-04-21

View the full empirical analysis of this case →

PER CURIAM

¶1The state moves for reconsideration of our opinion, State v. Johnson (A71401), 117 Or App 531, 842 P2d 819 (1992), and contends that we incorrectly stated its concession. We said that the state had conceded that the trial court erred “in imposing an indeterminate sentence under the dangerous offender statute.” As the state points out, it conceded only that the 15-year minimum determinate term was erroneous, because it exceeded the presumptive sentence prescribed by ORS 161.737(2).

¶2We allow the motion for reconsideration to correct the statement of the state’s concession. However, the case must be remanded for resentencing under State v. Davis, 315 Or 484, 847 P2d 834 (1993).

¶3Reconsideration allowed; opinion modified and adhered to as modified.

/119/orapp/494 · .json · Public domain