State v. Bright ( 2024 )

356 August 14, 2024 No. 564
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
STATE OF OREGON,
Plaintiff-Appellant,
v.
TAYLOR BRYANT BRIGHT,
Defendant-Respondent.
Curry County Circuit Court
21CR16034; A179954
Cynthia Lynnae Beaman, Judge.
On respondent’s petition for reconsideration filed June 14,
2024. Opinion filed June 5, 2024. 333 Or App 58 (2024).
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Matthew Blythe, Deputy Public Defender,
Oregon Public Defense Commission for petition.
Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot,
Judge.
JOYCE, J.
Reconsideration allowed; opinion modified and adhered
to as modified.
Cite as 334 Or App 356 (2024) 357
JOYCE, J.
Defendant petitions for reconsideration of our opin-
ion in State v. Bright, 333 Or App 58, 551 P3d 400 (2024). We
allow reconsideration, modify our prior opinion as described
below, and adhere to the opinion as modified.
In his petition, defendant asks us to clarify the
scope of the trial court’s authority on remand. The state has
not filed a response to the petition.
We grant reconsideration to clarify the scope of the
court’s authority on remand. We add the following sentence
to the end of the last paragraph of our original opinion, 333
Or App at 62: “We therefore reverse and remand for further
proceedings consistent with this opinion, including factfind-
ing under the correct legal standard.”
Reconsideration allowed; opinion modified and
adhered to as modified.