State v. Merrill
Decision Date | 09 September 2021 |
Docket Number | A167806 |
Citation | 495 P.3d 219 (Mem),314 Or.App. 460 |
Parties | STATE of Oregon, Plaintiff-Respondent, v. Julie Marie MERRILL, Defendant-Appellant. |
Court | Oregon Court of Appeals |
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, for petition.
Before Lagesen, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge.
Defendant has not opposed the petition, and we agree with the state's proposed modification. Because the trial court had properly and helpfully fixed the problem identified in defendant's second assignment of error by the time we rendered our decision, the second assignment of error is moot and provides no basis for reversal. See State v. Porter , 313 Or. App. 565, 568, ––– P.3d –––– (2021) ( ). Accordingly, we allow reconsideration, withdraw our prior disposition, and modify our opinion in two ways.
First, we replace the final sentence of the first paragraph with the following: "Regarding the financial obligation, during the pendency of this appeal, the trial court issued an amended judgment deleting it, so that assignment of error is now moot."
Second, we delete the final full paragraph of the opinion, addressing the state obligation.
Reconsideration allowed; former disposition withdrawn; opinion modified and adhered to as modified; affirmed.
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