State v. Lopez-Minjarez

FILED: October 13, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

PETRONILO LOPEZ-MINJAREZ,

Defendant-Appellant.

Washington County Circuit Court
C053660CR
A134227

Gayle Ann Nachtigal, Judge.

On respondent's petition for reconsideration filed September 2, 2010.  Opinion filed July 28, 2010.  236 Or App 270, 237 P3d 223.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Attorney-in-Charge Criminal Appeals, for petition.

Before Sercombe, Presiding Judge, and Brewer, Chief Judge, and Deits, Senior Judge.

PER CURIAM

Reconsideration allowed; former disposition withdrawn; convictions for aggravated murder and felony murder reversed and remanded; case remanded for resentencing; otherwise affirmed.

PER CURIAM

The state has petitioned this court for reconsideration of our opinion in State v. Lopez-Minjarez, 236 Or App 270, 237 P3d 223 (2010).  The state correctly points out that our disposition of that case erroneously failed to remand the case for resentencing on defendant's affirmed convictions.  The state's point is well taken; we grant the petition for reconsideration and modify our disposition accordingly.

Reconsideration allowed; former disposition withdrawn; convictions for aggravated murder and felony murder reversed and remanded; case remanded for resentencing; otherwise affirmed.