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STATE v. PULCIPHER

C020754CR, C020987CR, C013620CR; A118944 (Control) A120457, A120070.

209 P.3d 380 (2009)

228 Or. App. 738

STATE of Oregon, Plaintiff-Respondent, v. Andrew Frederic PULCIPHER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 27, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Rebecca Duncan, Assistant Chief Defender, Office of Public Defense Services, for petition.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and HASELTON, Judge.

PER CURIAM.

Defendant petitions for reconsideration of our opinion in State v. Pulcipher, 227 Or.App. 9, 204 P.3d 852 (2009), on the basis that we erred in describing his sentence on Count 9 of the indictment as a "consecutive 12-month departure sentence." Id. at 11, 204 P.3d 852. In reviewing the record, we agree with defendant. The sentence imposed...

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