STATE v. DEANDA (2024)

Defendant petitions for reconsideration of our opinion in State v. Deanda, 331 Or App 217, 545 P.3d 1256 (2024). We allow reconsideration, modify our prior opinion as described below, and adhere to the opinion as modified.

In his petition, defendant contends that the opinion contains a factual error, in that it refers to the trial court having entered a supplemental judgment, when the trial court in fact entered an amended judgment. The state has not filed a response to the petition.

We agree with defendant and grant reconsideration. We therefore modify the first sentence of the opinion to read: “Defendant appeals from an amended judgment of conviction for one count of first-degree rape, ORS 163.375, and one count of first-degree sexual abuse, ORS 163.427, and imposing a fine of $5,000 and ordering defendant to pay $3,651 in court-appointed attorney fees.” Footnote 1 remains unchanged. Footnote 2 is modified to read: “The original judgment stated that the court was imposing $4,705 in attorney fees. The amended judgment reduced that amount to $3,651.” The last sentence of the first paragraph is modified to read: “We affirm the convictions and the portion of the amended judgment imposing the fine but reverse the portion of the amended judgment imposing the court-appointed attorney fees.” We further modify the disposition of the opinion to read: “Portion of amended judgment imposing court-appointed attorney fees reversed; otherwise affirmed.”

Reconsideration allowed; opinion modified and adhered to as modified.

SHORR, P. J.