State v. Williams

The state has petitioned for reconsideration of this court’s opinion in State v. Williams, 225 Or App 325, 201 P3d 267 (2009) (Williams II), arguing that this court misconstrued the Supreme Court’s holding in State v. Bray, 342 Or 711, 160 P3d 983 (2007), and mistakenly relied on our own cases governing departure sentences based upon a defendant’s supervisory status. We allow reconsideration, reject the state’s arguments, and adhere to our former opinion.

In Williams II, we exercised our discretion to review defendant’s assignment of error because both of the departure sentencing factors that…