State of Or. v. LOPEZ-MINJAREZ, C053660CR

Decision Date13 October 2010
Docket NumberC053660CR,A134227.
Citation237 Or.App. 688,240 P.3d 753
PartiesSTATE of Oregon, Plaintiff-Respondent, v. Petronilo LOPEZ-MINJAREZ, Defendant-Appellant.
CourtOregon Court of Appeals

OPINION TEXT STARTS HERE

Washington County Circuit Court.

Gayle Ann Nachtigal, Judge.

On respondent's petition for reconsideration filed September 2, 2010. Opinion filed July 28, 2010. 236 Or.App. 270, 237 P.3d 223.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Attorney-in-Charge Criminal Appeals, for petition.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

PER CURIAM.

The state has petitioned this court for reconsideration of our opinion in State v. Lopez-Minjarez, 236 Or.App. 270, 237 P.3d 223 (2010). The state correctly points out that our disposition of that case erroneously failed to remand the case for resentencing on defendant's affirmed convictions. The state's point is well taken; we grant the petition for reconsideration and modify our disposition accordingly.

Reconsideration allowed; former disposition withdrawn; convictions for aggravated murder and felony murder reversed and remanded; case remanded for resentencing; otherwise affirmed.

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15 cases
  • Walraven v. Premo
    • United States
    • Oregon Court of Appeals
    • December 24, 2014
    ...in Lopez–Minjarez, 350 Or. 576, 260 P.3d 439, and State v. Lopez–Minjarez, 236 Or.App. 270, 237 P.3d 223, adh'd to on recons., 237 Or.App. 688, 240 P.3d 753 (2010), aff'd in part, rev'd in part by Lopez–Minjarez, 350 Or. 576, 260 P.3d 439 (2011) (also concluding that the natural and probabl......
  • State v. Tucker
    • United States
    • Oregon Court of Appeals
    • March 16, 2011
    ...to contact the jurors. Following our recent decision in State v. Lopez–Minjarez, 236 Or.App. 270, 237 P.3d 223, modified on recons., 237 Or.App. 688, 240 P.3d 753 (2010), we conclude that the trial court erred in giving the “natural and probable consequences” jury instruction, and that the ......
  • Hale v. Belleque
    • United States
    • Oregon Court of Appeals
    • April 3, 2013
    ...the brief was filed, this court had decided State v. Lopez–Minjarez, 236 Or.App. 270, 286–88, 237 P.3d 223,adh'd to on recons.,237 Or.App. 688, 240 P.3d 753 (2010), aff'd in part and rev'd in part,350 Or. 576, 260 P.3d 439 (2011), and had held that giving a “natural and probable consequence......
  • State v. Perez–Chi
    • United States
    • Oregon Court of Appeals
    • August 15, 2012
    ...that we had held to be legally erroneous in State v. Lopez–Minjarez, 236 Or.App. 270, 286–87, 237 P.3d 223,modified on recons.,237 Or.App. 688, 240 P.3d 753 (2010), aff'd in part, rev'd in part,350 Or. 576, 260 P.3d 439 (2011). Perez–Chi, 241 Or.App. at 345, 255 P.3d 497. On reconsideration......
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