STATE OF OREGON, Plaintiff-Respondent, v. CORY ADAM PARSONS, Defendant-Appellant.
Washington County Circuit Court C150336CR; A159849
Washington County Circuit Court
October 25, 2017
petition for review denied March 1, 2018
287 Or App 449 | 403 P3d 834
Eric Butterfield, Judge.
On appellant‘s petition for reconsideration filed September 6; reconsideration allowed, opinion (287 Or App 351, 403 P3d 497) modified and adhered to as modified October 25, 2017; petition for review denied March 1, 2018 (362 Or 545)
Before DeVore, Presiding Judge, and Garrett, Judge, and Powers, Judge.
PER CURIAM
Reconsideration allowed; opinion modified and adhered to as modified.
Defendant petitions for reconsideration of our decision in State v. Parsons, 287 Or App 351, 403 P3d 497 (2017), in which we vacated the supplemental judgment and remanded for the trial court to determine in the first instance whether damage to the city‘s police car was a “reasonably foreseeable” result of defendant‘s criminal activities, in light of State v. Ramos, 358 Or 581, 368 P3d 446 (2016). Among other things, the trial court had ordered defendant to pay $500 in restitution to the city and $2,546.89 in restitution to the insurance company, for costs incurred to repair the vehicle.
As presented to us on appeal, defendant separately assigned error to the $500 due to the city and the $2,546.89 due to the insurance company. In a combined argument, defendant argued that the court erred in imposing restitution for damage to the police car because the damage was not “reasonably foreseeable.” However, our opinion at one point described defendant‘s argument as pertaining to the $500 in restitution to the city, without mentioning the amount payable to the insurance company. To avoid confusion as to the scope of our holding, defendant asks us to modify our opinion to clarify that the supplemental judgment is vacated and remanded as to both the $500 and $2,546.89 restitution awards. The state has not opposed the petition. We allow reconsideration and modify our opinion to clarify that defendant‘s arguments and our analysis concerned the entire $3,046.89 restitution amount imposed for the damage to the police car.
Reconsideration allowed; opinion modified and adhered to as modified.