FILED: May 20, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

RICHARD CARL BIGHOUSE,
aka RICHARD EARL BIGHOUSE,

Defendant-Appellant.

Washington County Circuit Court
C033240CR, C040163CR, C041507CR
A126980 (Control)
A126981
A126982

En Banc

Timothy P. Alexander, Senior Judge.

On respondent's petition for reconsideration filed March 19, 2009.� Opinion filed October 22, 2008.� 223 Or App 261, 196 P3d 538.

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 Edmonds, Landau, Haselton, Armstrong, Wollheim, Schuman, Ortega, Rosenblum, and Sercombe, Judges.

PER CURIAM

Reconsideration allowed; former opinion modified and adhered to as modified; former disposition withdrawn; affirmed.

PER CURIAM

The state seeks reconsideration of our decision in State v. Bighouse, 223 Or App 261, 196 P3d 538 (2008). �In Bighouse, we affirmed defendant's convictions but remanded for resentencing.� The state now contends that, in light of Oregon v. Ice, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009), we erred in concluding that the imposition of consecutive sentences under ORS 137.123(5) requires findings by a jury rather than a judge.� We agree and, accordingly, modify our opinion and affirm.

Reconsideration allowed; former opinion modified and adhered to as modified; former disposition withdrawn; affirmed.


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