Opinion
A154794 (Control), A154795, A154068
10-04-2017
STATE of Oregon, Plaintiff-Respondent, v. Sirgiorgio Sanford CLARDY, III, aka Sir Giorgio Sanford Clardy, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and David O. Ferry, Deputy Public Defender, Office of Public Defense Services, for petition. Sirgiorgio Sanford Clardy pro se for supplemental petition.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and David O. Ferry, Deputy Public Defender, Office of Public Defense Services, for petition. Sirgiorgio Sanford Clardy pro se for supplemental petition.
Before Tookey, Presiding Judge, and DeHoog, Judge, and Sercombe, Senior Judge.
PER CURIAMDefendant, through counsel, petitions for reconsideration in State v. Clardy , 286 Or.App 745, 401 P.3d 1188 (2017). Defendant also files a pro se petition for reconsideration, rearguing the points raised in his pro se supplemental appellant's brief and seeking relief that he did not request on appeal. We deny the pro se petition for reconsideration. We allow the petition for reconsideration filed by defense counsel, modify our prior opinion in the manner described, and adhere to it as modified.
In Clardy, defendant argued that "[t]he trial court erred when it denied defendant's demurrer to the indictment in case number 12-06-32917." 286 Or.App. at 768, 401 P.3d 1188 (brackets in original). We concluded that the demurrer should have been allowed and that the error was prejudicial as to all of the crimes charged in that indictment. On reconsideration, defendant asserts that the charges in case number 12-07-33213 should be reversed because they were tried together with the charges in case number 12-06-32917 and the evidence in that case prejudiced the jury's consideration of the charges in case number 12-07-33213.
We reject defendant's request to reverse his convictions in case number 12-07-33213. Defendant did not assign error to the trial court's denial of his motion to sever case number 12-07-33213 from case number 12-06-32917 or clearly request the relief that he now requests on reconsideration. See ORAP 5.45 (all assignments must be in the opening brief and identify the ruling being challenged on appeal); State v. Leistiko , 352 Or. 622, 624, 624 n. 2, 292 P.3d 522 (2012) (declining to address the defendant's argument on reconsideration that evidence affected other convictions because on appeal he only asked "that his ‘convictions' be reversed," but did not "specif[y] which convictions," and "did not identify any other charges that the erroneously admitted evidence was likely to have affected"); State v. Williams , 254 Or.App. 746, 747, 295 P.3d 693, rev. den., 353 Or. 868, 306 P.3d 640 (2013) (on reconsideration, only granting the defendant the relief requested on appeal which was resentencing on one case, not both cases as requested in the petition for reconsideration); State v. Dominguez-Coronado , 219 Or.App. 315, 318, 182 P.3d 322, rev. den., 345 Or. 396, 198 P.3d 908 (2008) ( ORAP 6.25 authorizes a petition for reconsideration, not a petition for an opportunity to assert new assignments of error).
We agree with defendant that our previous disposition does not necessarily obviate the need to address defendant's second and third assignments of error. We modify our prior opinion and reject those assignments without discussion.
Petition for reconsideration filed by defense counsel allowed; defendant's pro se petition for reconsideration denied; former opinion modified and adhered to as modified.