State v. Phillips (A137773)

FILED: July 28, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

FRANK MARVIN PHILLIPS, JR.,

Defendant-Appellant.

Marion County Circuit Court
93C21516
A137773

Terry Ann Leggert, Judge.

On appellant's petition for reconsideration filed April 19, 2010.  Opinion filed April 14, 2010.  234 Or App 676, 229 P3d 631.

Peter Gartlan, Chief Defender, and Zachary Lovett Mazer, Deputy Public Defender, Office of Public Defense Services, for petition.

Before Schuman, Presiding Judge, and Brewer, Chief Judge, and Riggs, Senior Judge.

PER CURIAM

Reconsideration allowed; opinion modified and adhered to as modified.

PER CURIAM

In State v. Phillips, 234 Or App 676, 229 P3d 631 (2010), defendant appealed from a judgment of contempt, raising four assignments of error.  He subsequently filed a pro se supplemental brief raising two additional assignments of error.  We rejected his first assignment of error on the ground that it was not preserved, and, in a footnote, we expressly rejected the remaining three assignments of error in his opening brief.  In a petition for reconsideration, defendant points out that we did not expressly dispose of the assignments of error in his pro se supplemental brief.  Defendant is correct.  We therefore grant his petition for reconsideration in order to state that, in addition to the other assignments of error that we rejected, we also reject the assignments of error in his pro se supplemental brief without discussion.

Reconsideration allowed; opinion modified and adhered to as modified.