State v. Loftin

The state petitions, based on Oregon v. Ice, 555 US _, 129 S Ct 711, 172 L Ed 2d 517 (2009), for reconsideration of our decision in this case. State v. Loftin, 218 Or App 160, 178 P3d 312 (2008) (Loftin I). For the reasons that follow, we allow reconsideration, adhere to our prior opinion as modified, vacate our prior disposition, and affirm the imposition of the consecutive sentences.

In Loftin I, defendant contended that, under the Oregon Supreme Court’s then-recent decision in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), the trial court had “erred in imposing sentences that were partially…