Court of Appeals of Oregon, 2014

State v. Buchalski

State v. Buchalski
Court of Appeals of Oregon · Decided October 8, 2014 · Armstrong, Egan, Nakamoto
266 Or. App. 225; 337 P.3d 923; 2014 Ore. App. LEXIS 1365

State v. Buchalski

Opinion of the Court

PER CURIAM

The state petitions for reconsideration of our decision in State v. Buchalski, 264 Or App 142, 331 P3d 1049 (2014). 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Reconsideration allowed; former disposition withdrawn; affirmed.

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