State v. Wilson

The state petitions, based on Oregon v. Ice, 555 US _, 129 S Ct 711, 172 L Ed 2d 517 (2009), for reconsideration of our decision in this case. State v. Wilson, 216 Or App 226, 173 P3d 150 (2007). For the reasons that follow, we allow reconsideration, withdraw our former disposition, modify our former opinion in part and adhere to it as modified, and affirm.

In Wilson, defendant raised a variety of challenges to his convictions and sentences, and we rejected all of those challenges, except for defendant’s contention, based on State v. Ice, 343 Or 248, 170 P3d 1049 (2007), that the trial court…