Opinion
CR830389, CR830824; CA A29448, A29449
Argued and submitted September 26, 1984
Affirmed, sentence modified October 31, 1984 Reconsideration denied March 8, 1984 Petition for review denied April 23, 1985
Appeal from Circuit Court, Lincoln County.
Charles P. Littlehales, Judge.
Sally Avera, Salem, argued the cause for appellant. On the brief were Gary D. Babcock, Public Defender, and Carla D. Thompson, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and Christine L. Dickey, Assistant Attorney General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
The portion of the sentence imposing a 15-year minimum on the life sentence for the murder conviction is vacated; otherwise affirmed.
Defendant appeals his convictions of murder and of tampering with a witness. He assigns five errors, only one of which requires our attention.
Defendant contends, and the state concedes, that the trial court erred in imposing a mandatory minimum of 15 years on his life sentence for murder. State v. Macy, 295 Or. 738, 671 P.2d 92 (1983).
The portion of the sentence imposing a 15-year minimum on the life sentence for the murder conviction is vacated; otherwise affirmed.