State v. Demeritt ( 2023 )

245
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
On respondent’s petition for reconsideration filed February 17; reconsideration
allowed, former disposition (324 Or App 183 (nonprecedential memorandum
opinion)) withdrawn, portion of judgment requiring defendant to pay $7,500.00
in restitution vacated, remanded for resentencing, otherwise affirmed
April 12, 2023
STATE OF OREGON,
Plaintiff-Respondent,
v.
JODY ROBERT DEMERITT,
Defendant-Appellant.
Douglas County Circuit Court
20CR25282; A176733
William A. Marshall, Judge.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and E. Nani Apo, Assistant Attorney
General, for petition.
Before Ortega, Presiding Judge, and Powers, Judge, and
Hellman, Judge.
ORTEGA, P. J.
Reconsideration allowed; former disposition withdrawn;
portion of judgment requiring defendant to pay $7,500.00 in
restitution vacated; remanded for resentencing; otherwise
affirmed.
246 State v. Demeritt
ORTEGA, P. J.
The state petitions for reconsideration of our deci-
sion in State v. Demeritt, 324 Or App 183 (2023) (nonpreceden-
tial memorandum opinion), in which we accepted the state’s
concession of error regarding a restitution award in light
of State v. Shockey, 285 Or App 718, 398 P3d 444, adh’d to
on recons, 287 Or App 236, 399 P3d 491 (2017). In its peti-
tion, the state argues that our prior disposition failed to con-
sider that an amendment to the statute relating to fines for
wildlife violations called for a different disposition than the
disposition from our opinion on reconsideration in Shockey.
Although the state first brought that argument about the
amendment to the court’s attention in its petition for recon-
sideration, we nonetheless modify our disposition to allow
for the parties to argue on remand for the appropriate result
on resentencing.
Reconsideration allowed; former disposition with-
drawn; portion of judgment requiring defendant to pay
$7,500.00 in restitution vacated; remanded for resentencing;
otherwise affirmed.