FILED: May 27, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON

Plaintiff-Respondent,

v.

ANDREW FREDERIC PULCIPHER,

Defendant-Appellant.

Washington County Circuit Court
C020754CR, C020987CR, C013620CR
A118944 (Control)
A120457
A120070

Suzanne Upton, Judge.

On appellant's petition for reconsideration filed April 15, 2009.  Opinion filed April 1, 2009.  227 Or App 9, 204 P3d 852.

Peter Gartlan, Chief Defender, and Rebecca Duncan, Assistant Chief Defender, Office of Public Defense Services, for petition.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Haselton, Judge.

PER CURIAM

Reconsideration allowed; former opinion modified and adhered to as modified.

PER CURIAM

Defendant petitions for reconsideration of our opinion in State v. Pulcipher, 227 Or App 9, 204 P3d 852 (2009), on the basis that we erred in describing his sentence on Count 9 of the indictment as a "consecutive 12-month departure sentence."  Id. at 11.  In reviewing the record, we agree with defendant.  The sentence imposed on Count 9 of the indictment was a consecutive 12-month sentence, not a "consecutive departure sentence."  Our erroneous description of defendant's sentence on Count 9 had no effect on our analysis in the remainder of the opinion.  Accordingly, we adhere to our opinion as modified to correct the description of defendant's sentence on Count 9.

Reconsideration allowed; former opinion modified and adhered to as modified.


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