FILED: April 29, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

LAIRD WAYNE HILL,

Defendant-Appellant.

Marion County Circuit Court
05C46732
A129989

Jamese Lou Rhoades, Judge.

On respondent's petition for reconsideration filed March 19, 2009.  Opinion filed September 10, 2008.  222 Or App 313, 193 P3d 29.

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

Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.

PER CURIAM

Reconsideration allowed; former opinion withdrawn; affirmed.

PER CURIAM

The state petitions for reconsideration of our decision in this case, State v. Hill, 222 Or App 313, 193 P3d 29 (2008).  In that decision, we determined that, under the Oregon Supreme Court's decision in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), the trial court had committed "an error of law apparent on the face of the record," ORAP 5.45(1), in imposing consecutive sentences, and we exercised our discretion pursuant to Ailes v. Portland Meadows, Inc., 312 Or 376, 382, 823 P2d 956 (1991), to correct that error.  In the light of Oregon v. Ice, ___ US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009), holding that the constitutional right to a jury trial does not apply to decisions to impose consecutive sentences, the trial court did not err.

Reconsideration allowed; former opinion withdrawn; affirmed.


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