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State v. Jones

Oregon Court of Appeals
Dec 23, 1991
111 Or. App. 382 (Or. Ct. App. 1991)

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On appellant's petition for reconsideration filed December 23, 1991 Reconsideration allowed; decision withdrawn; convictions affirmed and remanded for resentencing on murder conviction February 12, 1992 Reconsideration denied May 13, 1992 Petition for review allowed June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

In Banc

De Muniz, J., not participating.

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Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.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Reconsideration allowed; decision withdrawn; convictions affirmed; remanded for resentencing on murder conviction.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.


Summaries of

State v. Jones

Oregon Court of Appeals
Dec 23, 1991
111 Or. App. 382 (Or. Ct. App. 1991)
Case details for

State v. Jones

Case Details

Full title:STATE OF OREGON, Respondent, v. JOHN RAY JONES, Appellant

Court:Oregon Court of Appeals

Date published: Dec 23, 1991

Citations

111 Or. App. 382 (Or. Ct. App. 1991)
826 P.2d 17

Citing Cases

State v. Jones

On review from the Court of Appeals. Appeal from Lane County Circuit Court, Gregory G. Foote, Judge. 109 Or.…

Wells v. Peterson

The Court of Appeals' original opinion in State v. Jones, 109 Or. App. 235, 818 P.2d 1286 (1991), was…