State v. Benton

pro tempore

Defendant petitions for review of our former opinion. 101 Or App 386, 790 P2d 1191 (1990). We treat the petition as one for reconsideration, ORAP 9.15(1), and adhere to our opinion.

On reconsideration, defendant asserts that we erred in holding that ORS 161.685 “as a whole” is a civil contempt statute, because ORS 161.685(4)1 provides for determinate sentences. The provision for determinate sentences, he argues, makes the statute one for criminal contempt.

We read ORS 161.685(4) differently. ORS 161.685(2) allows the court to imprison a contemnor only “until the fine or the…