FILED: May 13, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

ERIC CHRISTOPHER MILLS,
aka Erick Christopher Mills,

Defendant-Appellant.

Multnomah County Circuit Court
040431756
A127453

Jerome E. LaBarre, Judge.

On respondent's petition for reconsideration filed February 23, 2009.  Opinion filed April 16, 2008.  219 Or App 225, 182 P3d 889.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.

Before Brewer, Chief Judge, and Landau, Judge, and Ortega, Judge.

PER CURIAM

Reconsideration allowed; former opinion withdrawn; affirmed.

PER CURIAM

The state petitions for reconsideration.  In State v. Mills, 219 Or App 225, 182 P3d 889 (2008), we granted defendant's petition for reconsideration, vacated our prior decision, State v. Mills, 215 Or App 112, 168 P3d 338 (2007), and remanded for resentencing in light of State v. Ice, 343 Or 248, 170 P3d 1049 (2007).  Ice, however, subsequently was reversed.  Oregon v. Ice, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009).  The state now argues that, in light of Ice, our remand for resentencing was erroneous.  The state is correct that the case is controlled by the United States Supreme Court's decision in Ice.  Accordingly, on reconsideration, we withdraw our former opinion and affirm.

Reconsideration allowed; former opinion withdrawn; affirmed.


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