Opinion
Nos. 040076CR, 040062CR, 040188CR; A128652 (Control), A128653, A128654.
May 27, 2009.
Appeal from the Lake County Circuit Court. Rodger J. Isaacson, Judge.
On respondent's petition for reconsideration filed March 19, 2009. Opinion filed October 29, 2008. 223 Or App 387, 196 P3d 547.
John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.
Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.
PER CURIAM
Reconsideration allowed; former opinion modified and adhered to as modified; affirmed.
The state petitions for reconsideration. In State v. Berg, 223 Or App 387, 196 P3d 547 (2008), we affirmed defendant's conviction but remanded for resentencing in light of State v. Ice, 343 Or 248, 170 P3d 1049 (2007), rev'd and rem'd, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009). The state now argues that, in light of the United States Supreme Court's decision in Ice, our remand for resentencing was erroneous. The state is correct. This case is controlled by Oregon v. Ice. Accordingly, we modify our opinion and affirm.
Reconsideration allowed; former opinion modified and adhered to as modified; affirmed.