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STATE v. STOCKMAN

No. 18-108; CA 13066.

603 P.2d 363 (1979)

43 Or.App. 235

STATE of Oregon, Respondent, v. Nicholas John STOCKMAN, Appellant.

Court of Appeals of Oregon.

Decided November 26, 1979.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

SCHWAB, Chief Judge.

After defendant plead guilty to first degree rape, the trial court sentenced him to a prison term not to exceed 15 years, with a 71/2-year minimum sentence. Defendant appealed. This court reversed and remanded for resentencing based upon our prior holding that the statute authorizing trial courts to impose minimum sentences, ORS 144.110, was not applicable to offenses committed before its effective date. State v. Stockman,

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