Law v. Zemp

Appellants and respondent have petitioned for reconsideration of our decision in Law v. Zemp, 276 Or App 652, 368 P3d 821 (2016). In that decision, we concluded that certain provisions of a challenged charging order exceeded the trial court’s authority under the applicable statutes. As a consequence, we vacated the order and remanded for further proceedings below. For the reasons explained below, we grant reconsideration to clarify a point regarding our standard of review.

In our opinion, we held that “the imposition of [two of the challenged] provisions was beyond the court’s discretion” as…