State v. Savinskiy
State v. Savinskiy
Opinion of the Court
**464The state has petitioned for reconsideration of our decision in State v. Savinskiy ,
"Accordingly, the decision of the Court of Appeals is reversed as to defendant's convictions for conspiracy to commit murder (Counts 17-19) and otherwise affirmed. The judgment of the trial court is reversed and remanded as to defendant's convictions for crimes charged in the original indictment but is otherwise affirmed."
Id . at 820-21,
The state points out that that disposition creates an ambiguity regarding some of defendant's original convictions, which the Court of Appeals affirmed on harmless error grounds. We affirmed the decision of the Court of Appeals as to those convictions, as expressed in the first sentence of the disposition. But we agree with the state that the second sentence creates uncertainty regarding that conclusion. Accordingly, we allow the petition for reconsideration and modify our opinion as set out below.
The disposition found in the original opinion, quoted above, is replaced with this new disposition:
"Accordingly, the decision of the Court of Appeals is reversed as to defendant's convictions for conspiracy to commit murder and assault (Counts 17-19), but is otherwise affirmed. The judgment of the trial court is affirmed **465in part and reversed in part, and the case is remanded to the trial court for further proceedings."
The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified.
Reference
- Full Case Name
- STATE of Oregon, on Review v. Yevgeniy Pavlovich SAVINSKIY, on Review.
- Cited By
- 4 cases
- Status
- Published