State v. Sanders

BREWER C. J.

Defendant petitions for reconsideration of our decision in State v. Sanders, 227 Or App 495, 206 P3d 274 (2009) (Sanders II). In our opinion, we explained that defendant had failed to designate an adequate record; we therefore affirmed. Defendant now argues that he has adequately supplemented the record for our review and that, accordingly, we should exercise our discretion to review his assignment of error regarding the trial court’s imposition of durational departure sentences based on judicial factfinding. We allow reconsideration, withdraw our former opinion and disposition,…