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STATE v. DAVILLA

CR9200004; A136800.

230 P.3d 22 (2010)

234 Or. App. 637

STATE of Oregon, Plaintiff-Appellant, v. Todd Daniel DAVILLA, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Salem, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kendra Matthews, Portland, argued the cause for respondent. With her on the brief were Marc D. Blackman, and Ransom Blackman LLP.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

WOLLHEIM, P.J.

The state appeals a judgment imposing a sentence on defendant on his conviction for murder, ORS 163.115, for an offense committed in 1991. The trial court imposed a sentence of life imprisonment with immediate eligibility for parole pursuant to ORS 163.115(3)(a) (1989), amended by Or. Laws 1995, ch. 421, § 3, after the court determined that the sentencing guidelines were invalid on constitutional grounds. We review to determine, as a matter...

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