State v. Pavlinac
This text of 870 P.2d 235 (State v. Pavlinac) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendant appeals her convictions of manslaughter in the first degree, ORS 163.118; rape in the first degree, ORS 163.375; sexual abuse in the first degree, ORS 163.427; and felony murder, ORS 163.115. She makes multiple assignments of error. All assignments except the one regarding the trial court’s sentence for felony murder are not preserved or do not require discussion.
After being found guilty of felony murder, the trial judge sentenced her to life imprisonment pursuant to ORS 163.115(3)(a), with a 10-year minimum sentence under ORS 163.115(3)(b).1 She argues that she should have been sentenced under the sentencing guidelines. We remand for resentencing with instructions to delete the sentence of life imprisonment and to impose a judgment for post-prison supervision for the remainder of defendant’s life under OAR 253-05-004. Defendant’s 10-year minimum term is lawful. See State v. Morgan, 316 Or 553, 560, 856 P2d 612 (1993); State v. Hostetter, 125 Or App 491, 865 P2d 485 (1993).
Convictions affirmed; remanded for resentencing.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
870 P.2d 235, 126 Or. App. 635, 1994 Ore. App. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pavlinac-orctapp-1994.