STATE v. BERG

040076CR, 040062CR and 040188CR; A128652, (Control) A128653, A128654.

208 P.3d 1006 (2009)

228 Or. App. 754

STATE of Oregon, Plaintiff-Respondent, v. Kevin Richard BERG, Defendant-Appellant.

Court of Appeals of Oregon.

On Respondent's Petition for Reconsideration March 19, 2009.


Attorney(s) appearing for the Case

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.

The state petitions for reconsideration. In State v. Berg, 223 Or.App. 387, 196 P.3d 547 (2008), we affirmed defendant's conviction but remanded for resentencing in light of State v. Ice, 343 Or. 248, 170 P.3d 1049 (2007), rev'd and rem'd, 555 U.S. ___, 129 S.Ct. 711

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