
    On respondent’s petition for reconsideration filed March 19,
    reconsideration allowed; former disposition withdrawn; former opinion (219 Or App 617,184 P3d 1143 (2008)) modified and adhered to as modified; affirmed June 10, 2009
    STATE OF OREGON, Plaintiff-Respondent, v. KEVIN MITCHELL BUMGARNER, Defendant-Appellant.
    
    Douglas County Circuit Court
    03CR1425FE; A126264
    209 P3d 857
    John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.
    Before Wollheim, Presiding Judge, and Armstrong, Judge, and Sercombe, Judge.
    PER CURIAM
   PER CURIAM

The state petitions this court to reconsider its decision in State v. Bumgarner, 219 Or App 617, 184 P3d 1143, rev den, 345 Or 175 (2008), cert den,_US_, 129 S Ct 927 (2009). In Bumgarner, we affirmed defendant’s convictions but remanded for resentencing. The state now contends that, in light of Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009), we erred in remanding for resentencing. We agree and, accordingly, modify our opinion and affirm.

Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.  