STATE v. HOPKINS, 127 Or. App. 622 (1994)

874 P.2d 827

STATE OF OREGON, Respondent, v. JAMES SCOTT HOPKINS, Appellant.

90-11-36303; CA A70109Oregon Court of Appeals.On respondent’s motion for reconsideration filed March 30, 1994.
Reconsideration allowed; opinion (127 Or. App. 1, 870 P.2d 849) modified; affirmed May 4, 1994. Petition for review denied July 5, 1994 (318 Or. 281).

Appeal from Circuit Court, Multnomah County, Mercedes F. Deiz, Judge.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, for motion.

Before Richardson, Chief Judge, and Deits and Riggs, Judges. RICHARDSON, C.J.

Reconsideration allowed; opinion modified; affirmed.

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RICHARDSON, C.J.

The state moves for reconsideration, ORAP 6.25, of our opinion in State v. Hopkins, 127 Or. App. 1, 870 P.2d 849 (1994), in which we addressed defendant’s unpreserved error regarding his post-prison supervision term and remanded for resentencing. The state argues that we should not have reached that error and cites, inter alia, State v. Slawson, 123 Or. App. 573, 860 P.2d 876 (1993). Defendant’s error is unpreserved and we agree with the state that, under the rationale of Slawson, we should not have addressed it. Accordingly, we modify our opinion to withdraw our discussion of that error and affirm.

Reconsideration allowed; opinion modified; affirmed.

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