State v. Gilliland

The state petitions for reconsideration. In State v. Gilliland, 223 Or App 279, 196 P3d 13 (2008), we affirmed defendant’s conviction but remanded for resentencing in light of State v. Ice, 343 Or 248, 170 P3d 1049 (2007), rev’d and rent’d sub nont Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009), and because the trial court had imposed a durational departure sentence on the basis of its own judicial findings of fact. For the reasons that follow, we allow reconsideration and adhere to our opinion as modified.

At defendant’s sentencing for a variety of convictions, the trial court…