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STATE v. BELLEK

CC 90051007; CA A68579; SC S39627.

856 P.2d 616 (1993)

316 Or. 654

STATE of Oregon, Petitioner on Review, v. Charles Willard BELLEK, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided June 17, 1993.

Attorney(s) appearing for the Case

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

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for respondent on review.

PER CURIAM

Defendant was convicted of murder, ORS 163.115, and sentenced to life imprisonment with a 121-month minimum under ORS 137.637. The Court of Appeals affirmed the conviction and the 121-month minimum sentence, but remanded for resentencing, holding that "[i]t was error to sentence defendant to life imprisonment." State v. Bellek, 114 Or.App. 17, 20, 834 P.2d 458 (1992).

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