State v. Tuan Anh Nguyen

Based on Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009), the state petitions for reconsideration of our decision in this case. State v. Nguyen, 221 Or App 440, 190 P3d 462 (2008). For the reasons that follow, we allow reconsideration, modify our prior opinion and adhere to it as modified, withdraw our prior disposition, and affirm.

In our prior opinion in this case, we affirmed defendant’s convictions for robbery, kidnapping, and burglary, but, based on State v. Ice, 343 Or 248, 170 P3d 1049 (2007), we reversed the consecutive sentence that the trial court had imposed and…