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Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.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Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.


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