State v. Karp, 209 P.3d 858 (Or. Ct. App. 2009). · Go Syfert
Search
State v. Karp, 209 P.3d 858 (Or. Ct. App. 2009). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Retrieving the full opinion text from the archive…
STATE of Oregon, Plaintiff-Respondent,
v.
Damien Jay KARP, Defendant-Appellant.
C050534CR A130751.
Court of Appeals of Oregon.
Jun 10, 2009.
209 P.3d 858
Edmonds, Presiding Judge, and Brewer, Chief 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 EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

PER CURIAM.

The state petitions this court to reconsider its decision in State v. Karp, 220 Or. App. 299, 185 P.3d 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 U.S. ___, 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Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.