Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

State v. Buchalski

Court of Appeals of Oregon

October 8, 2014

STATE OF OREGON, Plaintiff-Respondent,
v.
ADAM V. BUCHALSKI, Defendant-Appellant

Washington County Circuit Court, C112214CR, Rick Knapp, Judge. On respondent's petition for reconsideration filed July 16, 2014. Opinion filed July 2, 2014. 264 Or.App. 142, 331 P.3d 1049.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Matthew J. Lysne, Senior Assistant Attorney General, for petition.

Before Armstrong, Presiding Judge, and Nakamoto, Judge, and Egan, Judge.

OPINION

Page 924

[266 Or.App. 226] PER CURIAM

The state petitions for reconsideration of our decision in State v. Buchalski, 264 Or.App. 142, 331 P.3d 1049. In part, we reversed based on an error in the original judgment, which the state conceded, and remanded for the trial court to merge two guilty verdicts into a single conviction for felony violation of a stalking order. While the appeal was pending, however, the trial court corrected the error in an amended judgment through an interlineation, which reads: " It further appears that Count 4 merges with Count 3 for sentencing * * *[.]" Defendant then filed an amended notice of appeal.

The petition is well-taken, because defendant's assignment of error regarding merger is moot. And, a remand is no longer necessary to correct the error in the original judgment. Accordingly, we now affirm the trial court's amended judgment.

Reconsideration allowed; former disposition withdrawn; affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.