State v. Parker

Defendant petitions for reconsideration of our decision in State v. Parker, 225 Or App 610, 202 P3d 205 (2009). There, we remanded the case to the trial court, under Article I, section 9, of the Oregon Constitution, to address, and render findings, as to whether defendant had the requisite subjective belief under a Holmes “type (b)” inquiry, 1 with instruction to reinstate defendant’s conviction should it find that defendant did not have the requisite subjective belief. Parker, 225 Or App at 616-17. Because we remanded under the state constitution, we did not address defendant’s federal…