State v. Sanders

The state petitions for reconsideration of our opinion in this case, State v. Sanders, 185 Or App 125, 57 P3d 963 (2002), asserting that we erred in ordering the trial court to merge two of defendant’s convictions and in failing to remand the entire case for resentencing, ORS 138.222(5). For the reasons explained below, we allow reconsideration, modify our opinion, adhere to it as modified, and remand the case for resentencing.

As described in our opinion, defendant was convicted of one count of first-degree assault, ORS 163.185; three counts of second-degree assault, ORS 163.175; and four…