State v. Westbrook

Defendant petitions for reconsideration of our decision in State v. Westbrook, 221 Or App 433, 190 P3d 437 (2008), arguing that its rationale is not consistent with the Oregon Supreme Court’s decision in State v. Hagberg, 345 Or 161, 190 P3d 1209 (2008), which issued the day after our opinion issued. As explained below, we agree with defendant that Hagberg requires us to revisit our conclusion in the prior proceeding. Accordingly, we allow reconsideration, remand case A128352 for resentencing, and affirm all of defendant’s convictions as well as his remaining sentences in the other…