10 88 06275; CA A61548 | Or. Ct. App. | Feb 12, 1992
Lead Opinion
Defendant has petitioned for review of our decision. 109 Or. App. 235" date_filed="1991-10-16" court="Or. Ct. App." case_name="State v. Jones">109 Or App 235, 818 P2d 1286 (1991). Treating the petition as one for reconsideration, ORAP 9.15, we grant reconsideration and withdraw the decision.
On the basis of Wells v. Peterson, 111 Or. App. 171" date_filed="1992-02-12" court="Or. Ct. App." case_name="Wells v. Peterson">111 Or App 171, 826 P2d 13 (1992), we hold that ORS 161.620 prohibits the imposition of any mandatory prison term on defendant.
Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.
Dissenting Opinion
dissenting.
For the reasons expressed in my dissent in Wells v. Peterson, 111 Or App 171, 175, 826 P2d 13 (1992) (Rossman, J., dissenting), I would reverse defendant’s 10-year mandatory minimum sentence, ORS 163.115(3)(b), as violative of ORS 161.620.1 would affirm the 15-year discretionary minimum sentence that was imposed under ORS 163.115(3)(c).