State v. Deanda

720                    April 10, 2024               No. 212

         IN THE COURT OF APPEALS OF THE
                 STATE OF OREGON

                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
            GABRIEL PAUL DEANDA, JR.,
      aka Gabriel Deanda, aka Gabriel Paul Deanda,
                  Defendant-Appellant.
              Lincoln County Circuit Court
                  20CR70280; A176438

   Sheryl Bachart, Judge.
   On appellant’s petition for reconsideration filed March 1,
2024. Opinion filed February 28, 2024. 

 (2024)
   Rond Chananudech for petition.
  Before Shorr, Presiding Judge, Mooney, Judge, and Pagán,
Judge.
   SHORR, P. J.
   Reconsideration allowed; opinion modified and adhered
to as modified.
Cite as 

 (2024)                             721

        SHORR, P. J.
        Defendant petitions for reconsideration of our
opinion in State v. Deanda, 

, ___ P3d ___
(2024). We allow reconsideration, modify our prior opinion
as described below, and adhere to the opinion as modified.
         In his petition, defendant contends that the opinion
contains a factual error, in that it refers to the trial court
having entered a supplemental judgment, when the trial
court in fact entered an amended judgment. The state has
not filed a response to the petition.
          We agree with defendant and grant reconsideration. We therefore modify the first sentence of the opinion
to read: “Defendant appeals from an amended judgment of
conviction for one count of first-degree rape, ORS 163.375,
and one count of first-degree sexual abuse, ORS 163.427,
and imposing a fine of $5,000 and ordering defendant to
pay $3,651 in court-appointed attorney fees.” Footnote 1
remains unchanged. Footnote 2 is modified to read: “The
original judgment stated that the court was imposing
$4,705 in attorney fees. The amended judgment reduced
that amount to $3,651.” The last sentence of the first paragraph is modified to read: “We affirm the convictions and
the portion of the amended judgment imposing the fine but
reverse the portion of the amended judgment imposing the
court-appointed attorney fees.” We further modify the disposition of the opinion to read: “Portion of amended judgment
imposing court-appointed attorney fees reversed; otherwise
affirmed.”
       Reconsideration allowed; opinion modified and
adhered to as modified.