State v. Jones

Defendant has petitioned for review of our decision. 109 Or App 235, 818 P2d 1286 (1991). Treating the petition as one for reconsideration, ORAP 9.15, we grant reconsideration and withdraw the decision.

On the basis of Wells v. Peterson, 111 Or App 171, 826 P2d 13 (1992), we hold that ORS 161.620 prohibits the imposition of any mandatory prison term on defendant.

Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.