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STATE v. MORGAN

90-12-36815; CA A70425.

842 P.2d 406 (1992)

116 Or. App. 338

STATE of Oregon, Respondent, v. John William MORGAN, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1992.

Reconsideration Denied February 10, 1993.

Review Allowed February 23, 1993.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendant pled guilty to murder. The court sentenced him to life in prison with minimum sentences of 10 years and 15 years pursuant to ORS 163.115(3)(b) and (c).1 He appeals, arguing that the sentencing guidelines have rendered "fatally flawed" the sentencing scheme for murder under ORS 163.115(3). Therefore, he contends, ORS 163.115(3) has been superseded, and his sentence should have been imposed according to the sentencing...

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