
    On respondent’s petition for reconsideration filed February 3,
    reconsideration allowed; former opinion (224 Or App 684, 198 P3d 978 (2008)) withdrawn; affirmed April 29, 2009
    STATE OF OREGON, Plaintiff-Respondent, v. LARRY LEROY WOODS, aka Larry L. Woods, aka Robert Leroy Green, Defendant-Appellant.
    
    Multnomah County Circuit Court
    051237684; A132383
    206 P3d 1218
    John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, for petition.
    Before Armstrong, Presiding Judge, and Rosenblum, Judge, and Sercombe, Judge.
    PER CURIAM
   PER CURIAM

The state petitions for reconsideration of our decision in this case, State v. Woods, 224 Or App 684, 198 P3d 978 (2008). In that decision, we accepted the state’s concession that, under the Oregon Supreme Court’s decision in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), the trial court erred in imposing consecutive sentences based on facts found by the court rather than by a jury. Since then, however, the United States Supreme Court has reversed the Oregon Supreme Court’s decision, Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009), holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences. In light of the United States Supreme Court’s decision, we agree that the trial court did not err.

Reconsideration allowed; former opinion withdrawn; affirmed.  