FILED: June 10, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Appellant,

v.

BRIAN SCOTT TRAUTWEIN,

Defendant-Respondent,

Benton County Circuit Court
CM0520181
A129516

Locke A. Williams, Judge.

On appellant's petition for reconsideration filed March 19, 2009.� Decision filed January 9, 2008. �217 Or App 429, 175 P3d 1028.

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

Before Wollheim, Presiding Judge, and Edmonds, Judge, and Sercombe, Judge.

PER CURIAM

Reconsideration allowed; former disposition withdrawn; remanded for resentencing.

PER CURIAM

The state petitions this court to reconsider its decision in State v. Trautwein, 217 Or App 429, 175 P3d 1028 (2008).� In Trautwein, a state's appeal, the state argued that the trial court had erred in ruling that the imposition of consecutive sentences under ORS 137.123(5) would have violated defendant's right to a jury trial under the Sixth Amendment to the United States Constitution.� We affirmed without opinion.� The state now contends that, in light of Oregon v. Ice, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009), our previous decision was incorrect.� We agree and, accordingly, withdraw our former decision and remand for resentencing.

Reconsideration allowed; former disposition withdrawn; remanded for resentencing.


Top of page Go home