State v. Vigil

Defendant petitions for reconsideration of our opinion in State v. Vigil, 197 Or App 407, 106 P3d 656 (2005). Specifically, he asks that we reconsider our decision affirming the trial court’s denial of defendant’s eligibility for sentence modification programs. We allow defendant’s petition, modify our opinion, and adhere to it as modified.

Defendant objects to the way in which we characterized his proposed definition of the “prescribed statutory maximum sentence” under Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348,147 L Ed 2d 435 (2000). We stated, “According to defendant, then, under…