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STATE v. WILLE

CC C890382CR; CA A62688; SC S39650, S39844.

858 P.2d 128 (1993)

317 Or. 487

STATE of Oregon, Respondent on Review/Petitioner on Review, v. Michael Paul WILLE, Petitioner on Review/Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided September 2, 1993.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for petitioner on review/respondent on review Wille. Also on the petition was Sally Avera, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent on review/petitioner on review State of Oregon. With her on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem. Also on the response were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Brenda J. Peterson, Janet A. Klapstein, and Diane S. Lefkow, Asst. Attys. Gen., Salem.

CARSON, Chief Justice.

Defendant was convicted of the aggravated murder of his estranged wife. He was sentenced to life imprisonment without possibility of parole, as provided in ORS 163.105(1)(b). On appeal, the Court of Appeals affirmed that conviction, vacated convictions for lesser-included offenses related to the underlying felonies,1 and remanded the case to the circuit court for resentencing to life imprisonment rather than life...

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