State v. Nelson
Annotate this CaseFILED: May 13, 2009
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Plaintiff-Respondent,
v.
RANDOLPH DEL CALHOUN NELSON,
Defendant-Appellant.
Linn County Circuit Court
05122607
A134393
Rick J. McCormick, Judge.
On respondent's petition for reconsideration filed March 19, 2009. Opinion filed December 3, 2008. 224 Or App 193, 197 P3d 1130.
John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, for petition.
Before Brewer, Chief Judge, and Landau, Judge, and Schuman, Judge.
PER CURIAM
Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.
PER CURIAM
The state petitions for reconsideration in State v. Nelson, 224 Or App 193, 197 P3d 1130 (2008), we affirmed defendant's conviction but remanded for resentencing in light of State v. Ice, 343 Or 248, 170 P3d 1049 (2007), rev'd and rem'd sub nom Oregon v. Ice, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009). The state now argues that, in light of the United State's Supreme Court's decision in Ice, our remand for resentencing was erroneous. The state is correct that the case is now controlled by that decision. Accordingly, we modify our opinion and affirm.
Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.