FILED: December 29, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

TODD DANIEL DAVILLA,

Appellant.

CR92-0004; A119250

Appeal from Circuit Court, Clackamas County.

John K. Lowe, Judge.

On appellant's petition for reconsideration filed June 9, 2004. Affirmed without opinion filed May 12, 2004. 193 Or App 484, 93 P3d 845 (2004).

Andy Simrin for petition.

Before Edmonds, Presiding Judge, and Schuman, Judge, and Leeson, Judge pro tempore.

PER CURIAM

Reconsideration allowed; former opinion withdrawn; conviction affirmed; sentence vacated; remanded for resentencing. State v. Gornick, 196 Or App 397, ___ P3d ___ (2004).


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