State v. Berg, 208 P.3d 1006 (Or. Ct. App. 2009). · Go Syfert
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State v. Berg, 208 P.3d 1006 (Or. Ct. App. 2009). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Barber, 379 P.3d 651 (Marion Cty. Cir. Ct., O.R. 2016)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
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Cited for
Other citing cases3 with no pin cite or quoted language on record
  • State v. Barber, 379 P.3d 651 (Marion Cty. Cir. Ct., O.R. 2016).published 2 cites
  • State v. Olson, 328 P.3d 704 (Or. Ct. App. 2014).published 2 cites
  • State v. Coen, 220 P.3d 423 (Or. Ct. App. 2009).published 2 cites
STATE of Oregon, Plaintiff-Respondent,
v.
Kevin Richard BERG, Defendant-Appellant.
040076CR, 040062CR and 040188CR A128652, (Control) A128653, A128654.
Court of Appeals of Oregon.
May 27, 2009.
Published opinion
208 P.3d 1006
2009 Ore. App. LEXIS 729
Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.
Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 75%
Citer courts: Marion County Circuit Court, O… (1) · Court of Appeals of Oregon (1)

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

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

PER CURIAM.

The state petitions for reconsideration. In State v. Berg, 223 Or.App. 387, 196 P.3d 547 (2008), we affirmed defendant's conviction but remanded for resentencing in light of State v. Ice, 343 Or. 248, 170 P.3d 1049 (2007), rev'd and rem'd, 555 U.S. ___, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009). The state now argues that, in light of the United States Supreme Court's decision in Ice, our remand for resentencing was erroneous. The state is correct. This case is controlled by Oregon v. Ice. Accordingly, we modify our opinion and affirm.

Reconsideration allowed; former opinion modified and adhered to as modified.