State v. Wood

631 P.2d 799, 53 Or. App. 198, 1981 Ore. App. LEXIS 2960

• Court: Court of Appeals of Oregon
• Decided: July 27, 1981
• Docket: No. J80-0798, CA 18208
• Status: Published

Opinion

GILLETTE, P. J.

On March 8, 1980, defendant was indicted on one count of Murder, two counts of Robbery in the First Degree and one count of Unauthorized Use of a Vehicle. Pursuant to plea negotiations, defendant pled guilty to the Murder charge. The other charges were dismissed. The trial court’s judgment and sentencing order provides, in pertinent part:

«if; if; if; if; if;

"It is therefore, ordered and adjudged by the court that the said [defendant] be imprisoned in the Oregon State Corrections Division for an indeterminate period of time, but not to exceed a period of life with a mandatory minimum of 25 years as required by statute. ” (Emphasis supplied.)

While the sentence to life imprisonment is permissible, the emphasized portion of the judgment is a reference to a portion of ORS 163.115(5) which has been held unconstitutional by the Oregon Supreme Court in State v. Shumway, 291 Or 153, 630 P2d 796 (1981). The emphasized portion is therefore a nullity and should be disregarded by all agencies, including the Corrections Division and the Board of Parole, which have jurisdiction over the accused.

Judgment of conviction affirmed as modified.