State v. Mahoney

Defendant petitions for review of our opinion. 115 Or App 440, 838 P2d 1100 (1992). We treat it as a petition for reconsideration, ORAP 9.15(1), allow it, and modify our opinion.

In our opinion, we said that two of the challenged conditions of probation, numbers 10 and 11, relating to payment of any judgment awarded to the victim in a civil action against defendant, were moot because the parties had settled the civil action and defendant had paid the amount of the settlement.

In his petition, defendant contends that the information about the settlement of the civil action was not part of the…