State v. Hopson

In this serpentine appeal, the state, invoking Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009), petitions for reconsideration of our most recent decision in this case, State v. Hopson, 220 Or App 366, 186 P3d 317 (2008) (Hopson III). For the reasons that follow, we grant reconsideration, adhere to our opinion as modified, and alter our disposition on the state’s cross-appeal.

We recount, as necessary context, the procedural history. Defendant was convicted of first-degree sodomy and first-degree kidnapping. At sentencing, the trial court determined that, under Blakely v.…