PER CURIAM
Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.
Rossman, J., dissenting.
PER CURIAM
Defendant has petitioned for review of our decision. 109 Or. App. 235, 818 P.2d 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 P.2d 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Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.
ROSSMAN, J., dissenting.
For the reasons expressed in my dissent in Wells v. Peterson, 111 Or. App. 171, 175, 826 P.2d 13 (1992) (Rossman, J., dissenting), I would reverse defendant's 10-year mandatory minimum sentence, ORS 163.115(3)(b), as violative of ORS 161.620. I would affirm the 15-year discretionary minimum sentence that was imposed under ORS 163.115(3)(c).
Deits and Riggs, JJ., join in this dissenting opinion.