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STATE v. McLAIN

96CR0572F; CA A97042.

974 P.2d 727 (1999)

158 Or. App. 419

STATE of Oregon, Respondent, v. Michael Steven McLAIN, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted November 19, 1998.

Decided February 17, 1999.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief was Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, and WARREN, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, and WOLLHEIM, Judges.

Resubmitted En Banc November 19, 1998.

De MUNIZ, J.

Defendant was convicted of murder, ORS 163.115, and appeals his sentence of life imprisonment with a mandatory minimum sentence of 25 years. He argues that the mandatory minimum sentence is unconstitutional for a variety of reasons that have been rejected in State ex rel. Caleb v. Beesley, 326 Or. 83, 949 P.2d 724 (1997), and State...

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