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STATE v. WAY

No. 80-4105-C-2; CA A24046.

660 P.2d 1087 (1983)

62 Or.App. 459

STATE of Oregon, Respondent, v. George Arthur WAY, Appellant.

Court of Appeals of Oregon.

Decided March 30, 1983.

Reconsideration Denied April 14, 1983.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him 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 Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for murder. Although we limit our discussion to the question whether the trial court erred in imposing a ten-year minimum sentence, we affirm the trial court in all respects.1

In 1978, by initiative, the people of Oregon amended ORS 163.115(5) to provide for a mandatory minimum sentence of "not less than 25 years" for murder. That provision...

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