State v. Phillips

Defendant has filed a petition for reconsideration of our opinion in State v. Phillips, 235 Or App 646, 234 P3d 1030 (2010). He argues that we made an error in the procedural disposition of the appeal when we “remanded for resentencing” because that procedural disposition is broader than our decision to vacate the supplemental judgment on the restitution portion of defendant’s sentence. See id. at 657. Defendant argues that the correct procedural disposition is to remand for a new restitution hearing. The state did not respond to defendant’s petition. In order to clarify our intended…