State v. Rodriguez

The state seeks reconsideration of our decision in State v. Rodriguez, 225 Or App 150, 200 P3d 607 (2009) {Rodriguez III), arguing that our analysis and disposition are incorrect in light of the United States Supreme Court’s subsequent decision in Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009). As explained below, we agree. We also reject defendant’s remaining argument challenging his sentence and, accordingly, affirm defendant’s convictions and sentence.

This case is on remand to us from the Oregon Supreme Court to consider whether we properly exercised our discretion, under…