Opinion
10 88 06275; CA A61548
On appellant's petition for reconsideration filed December 23, 1991 Reconsideration allowed; decision withdrawn; convictions affirmed and remanded for resentencing on murder conviction February 12, 1992 Reconsideration denied May 13, 1992 Petition for review allowed June 23, 1992 ( 313 Or. 354) See later issue Oregon Reports
Appeal from Circuit Court, Lane County.
Gregory G. Foote, Judge.
Sally L. Avera, Public Defender, and Ingrid A. Mac-Farlane, Deputy Public Defender, for petition.
PER CURIAM
Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.
Rossman, J., dissenting.
Defendant has petitioned for review of our decision. 109 Or. App. 235, 818 P.2d 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, 826 P.2d 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Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.
For the reasons expressed in my dissent in Wells v. Peterson, 111 Or. App. 171, 175, 826 P.2d 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. I would affirm the 15-year discretionary minimum sentence that was imposed under ORS 163.115(3)(c).
Deits and Riggs, JJ., join in this dissenting opinion.