FILED: May 27, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

STANLEY LEE MILLER,

Defendant-Appellant.

Josephine County Circuit Court
01CR0698
A126149

George A. Van Hoomissen, Senior Judge.

On respondent's petition for reconsideration filed March 19, 2009.� Opinion filed January 30, 2008.� 217 Or App 576, 176 P3d 425.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

PER CURIAM

Reconsideration allowed; former opinion modified and adhered to as modified; former disposition withdrawn; affirmed.

PER CURIAM

The state petitions for reconsideration of our decision in this case.� In that decision, we concluded that, based on the Oregon Supreme Court's decision in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), rev'd and rem'd, ___ US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009), the trial court's imposition of consecutive sentences based on its own findings of fact was plain error.� The state now argues that, in light of the United States Supreme Court's reversal of the Oregon court's decision, we should reconsider.� We agree.� Under the United States Supreme Court's decision, the imposition of consecutive sentences was not error.

Reconsideration allowed; former opinion modified and adhered to as modified; former disposition withdrawn; affirmed.


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