
    On appellant’s petition for reconsideration filed June 30,
    reconsideration allowed; former opinion (193 Or App 823, 94 P3d 914) withdrawn; conviction affirmed; sentence vacated; remanded for resentencing December 29, 2004
    STATE OF OREGON, Respondent, v. JIMMY RAY VAUGHN, JR., Appellant.
    
    CF010608; A118919
    103 P3d 1180
    Andrew S. Chilton, and Chilton, Ebbett & Rohr, LLC, for petition.
    Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
    
      
       Edmonds, P. J., vice Deits, J. pro tempore
    
   PER CURIAM

Reconsideration allowed; former opinion withdrawn; conviction affirmed; sentence vacated; remanded for resentencing. State v. Perez, 196 Or App 364, 102 P3d 705 (2004).  