State v. Merrill , 314 Or. App. 460 ( 2021 )

460
On respondent’s petition for reconsideration filed June 10; reconsideration
allowed, former disposition withdrawn, opinion (311 Or App 487, 492 P3d 722)
modified and adhered to as modified, affirmed September 9, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
JULIE MARIE MERRILL,
Defendant-Appellant.
Douglas County Circuit Court
16CR15177; A167806
495 P3d 219
George William Ambrosini, Judge.
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.
PER CURIAM
Reconsideration allowed; former disposition withdrawn;
opinion modified and adhered to as modified; affirmed.
Cite as 314 Or App 460 (2021) 461
PER CURIAM
The state has petitioned for reconsideration of our
decision in State v. Merrill, 311 Or App 487, 492 P3d 722
(2021). The state argues that defendant’s second assignment
of error, which challenged the trial court’s imposition of a
$490 state obligation was moot at the time we decided the
appeal because the trial court, after the briefing and sub-
mission of this appeal, entered an amended judgment delet-
ing that obligation. The state requests that we modify our
decision
“by: (1) removing the discussion of the ‘state obligation’
at 311 Or App 496-97; (2) noting that defendant’s sec-
ond assignment of error became moot upon entry of the
amended judgment; and (3) changing this court’s disposi-
tion to ‘Affirmed.’ ”
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, 494 P3d 988 (2021) (noting
that amended judgments can moot assignments of error
by resolving issues raised by them). Accordingly, we allow
reconsideration, withdraw our prior disposition, and modify
our opinion in two ways.
First, we replace the final sentence of the first para-
graph with the following: “Regarding the financial obliga-
tion, 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 with-
drawn; opinion modified and adhered to as modified;
affirmed.