STATE v. PAVLINAC, 128 Or. App. 296 (1994)

877 P.2d 1204

900231273; CA A69413Oregon Court of Appeals.
On respondent’s motion for reconsideration filed March 16, reconsideration (126 Or. App. 635, 870 P.2d 235) allowed; remanded for entry of corrected judgment May 25, petition for review denied September 20, 1994 (320 Or. 131)

Appeal from Circuit Court, Multnomah County, Robert W. Redding, Judge.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Kaye E. Sunderland, Assistant Attorney General, for motion.

Before Deits, Presiding Judge, and Riggs[*] and Edmonds, Judges.

PER CURIAM

Reconsideration allowed; remanded for entry of corrected judgment.

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PER CURIAM

Pursuant to ORAP 6.25(1)(b), we allow the state’s motion for reconsideration of the disposition of this case in which we remanded for resentencing with instructions to delete the sentence of life imprisonment and to impose a judgment for post-prison supervision for the remainder of defendant’s life. 126 Or. App. 635, 870 P.2d 235 (1994). We agree that defendant need not be present for resentencing and the case should be remanded for entry of a corrected judgment deleting the life sentence and imposing post-prison supervision for the remainder of defendant’s life under OAR 235-05-004. State v. Bivens, 127 Or. App. 83, 871 P.2d 486 (1994). Defendant’s 10-year minimum term is lawful.

Reconsideration allowed; remanded for entry of corrected judgment.

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