Opinion
91-832-C-1; CA A71401
On respondent's motion for reconsideration filed February 1, 1993 Reconsideration allowed; opinion ( 117 Or. App. 531, 842 P.2d 819) modified and adhered to as modified April 21, 1993
Appeal from Circuit Court, Jackson County.
L.A. Merryman, Judge.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, for motion.
Before Richardson, Chief Judge, and Deits and Durham, Judges.
PER CURIAM
Reconsideration allowed; opinion modified and adhered to as modified.
The state moves for reconsideration of our opinion, State v. Johnson (A71401), 117 Or. App. 531, 842 P.2d 819 (1992), and contends that we incorrectly stated its concession. We said that the state had conceded that the trial court erred "in imposing an indeterminate sentence under the dangerous offender statute." As the state points out, it conceded only that the 15-year minimum determinate term was erroneous, because it exceeded the presumptive sentence prescribed by ORS 161.737(2).
We allow the motion for reconsideration to correct the statement of the state's concession. However, the case must be remanded for resentencing under State v. Davis, 315 Or. 484, 847 P.2d 834 (1993).
Reconsideration allowed; opinion modified and adhered to as modified.