FILED: December 29, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

JIMMY RAY VAUGHN, JR.,

Appellant.

CF010608; A118919

Appeal from Circuit Court, Umatilla County.

Garry L. Reynolds, Judge.

On appellant's petition for reconsideration filed June 30, 2004. Affirmed without opinion filed June 16, 2004. 193 Or App 823, 240 P3d 958 (2004).

Andrew S. Chilton, and Chilton, Ebbett & Rohr, LLC, for petition.

Before Edmonds, Presiding Judge,* and Wollheim and Schuman, Judges.

PER CURIAM

Reconsideration allowed; former opinion withdrawn; conviction affirmed; sentence vacated; remanded for resentencing. State v. Perez, 196 Or App 364, ___ P3d ___ (2004).

*Edmonds, P. J., vice Deits, J. pro tempore


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