
    On respondent’s petition for reconsideration filed March 19,
    reconsideration allowed; former opinion (223 Or App 387, 196 P3d 547 (2008)) modified and adhered to as modified; affirmed May 27,
    petition for review denied June 17, 2009 (346 Or 361)
    STATE OF OREGON, Plaintiff-Respondent, v. KEVIN RICHARD BERG, Defendant-Appellant.
    
    Lake County Circuit Court
    040076CR, 040062CR, 040188CR;
    A128652 (Control), A128653, A128654
    208 P3d 1006
    John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.
    Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.
    PER CURIAM
   PER CURIAM

The state petitions for reconsideration. In State v. Berg, 223 Or App 387, 196 P3d 547 (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 rem’d, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009). The state now argues that, in light of the United States Supreme Court’s decision in Ice, our remand for resentencing was erroneous. The state is correct. This case is controlled by Oregon v. Ice. Accordingly, we modify our opinion and affirm.

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