FILED: June 10, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DAMIEN JAY KARP,

Defendant-Appellant.

Washington County Circuit Court
C050534CR
A130751

Nancy W. Campbell, Senior Judge.

On respondent's petition for reconsideration filed March 19, 2009.  Opinion filed May 28, 2008.  220 Or App 299, 185 P3d 553.

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

Before Edmonds, Presiding Judge, and Brewer, Chief Judge, and Sercombe, Judge.

PER CURIAM

Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.

PER CURIAM

The state petitions this court to reconsider its decision in State v. Karp, 220 Or App 299, 185 P3d 553 (2008).  In Karp, 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Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.


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