State v. Bumgarner, 209 P.3d 857 (Or. Ct. App. 2009). · Go Syfert
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State v. Bumgarner, 209 P.3d 857 (Or. Ct. App. 2009). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: State v. Gallegos, 336 P.3d 515 (Or. Ct. App. 2014)
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STATE of Oregon, Plaintiff-Respondent,
v.
Kevin Mitchell BUMGARNER, Defendant-Appellant.
03CR1425FE A126264.
Court of Appeals of Oregon.
Jun 10, 2009.
Published opinion
209 P.3d 857
2009 Ore. App. LEXIS 748
Wollheim, Presiding Judge, and Armstrong, Judge, and Sercombe, Judge.
Published

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 ARMSTRONG, Judge, and SERCOMBE, Judge.

PER CURIAM.

The state petitions this court to reconsider its decision in State v. Bumgarner, 219 Or.App. 617, 184 P.3d 1143, rev. den., 345 Or. 175, 190 P.3d 1237 (2008), cert. den., ___ U.S. ___ 129 S.Ct. 927, 173 L.Ed.2d 112 (2009). In Bumgarner, we affirmed defendant's convictions but remanded for resentencing. The state now contends that, in light of Oregon v. Ice, 555 U.S. ___, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009), we erred in remanding for resentencing. We agree and, accordingly, modify our opinion and affirm.

Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.