
    On respondent’s petition for reconsideration filed March 19,
    reconsideration allowed; former disposition withdrawn; former opinion (224 Or App 193, 197 P3d 1130 (2008)) modified and adhered to as modified; affirmed May 13, 2009
    STATE OF OREGON, Plaintiff-Respondent, v. RANDOLPH DEL CALHOUN NELSON, Defendant-Appellant.
    
    Linn County Circuit Court
    05122607; A134393
    208 P3d 532
    John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attomey-in-Charge, for petition.
    Before Brewer, Chief Judge, and Landau, Judge, and Schuman, Judge.
    PER CURIAM
   PER CURIAM

The state petitions for reconsideration. In State v. Nelson, 224 Or App 193, 197 P3d 1130 (2008), we affirmed defendant’s conviction but remanded for resentencing in light of State v. Ice, 343 Or 248, 170 P3d 1049 (2007), rev’d and rent’d sub nom Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009). The state now argues that, in light of the United State’s Supreme Court’s decision in Ice, our remand for resentencing was erroneous. The state is correct that the case is now controlled by that decision. Accordingly, we modify our opinion and affirm.

Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; affirmed.  