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STATE v. MACY

No. 27992; CA A26229; SC 29558.

671 P.2d 92 (1983)

295 Or. 738

STATE of Oregon, Respondent On Review, v. Calvin Lloyd MACY, Petitioner On Review.

Supreme Court of Oregon.

Decided October 18, 1983.

Rehearing Denied December 6, 1983.

Attorney(s) appearing for the Case

Helen I. Bloch, Salem, argued the cause for petitioner on review. With her on the petition and brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

In Banc.

JONES, Justice.

Defendant was convicted of two counts of murder and sentenced to life imprisonment with a 10-year mandatory minimum on one count imposed under ORS 144.110(1). On appeal, he contended (1) the trial court had no authority to impose a mandatory minimum under ORS 114.110(1) because the statute does not authorize a minimum term in the case of a life sentence, and (2) this statutory provision was impliedly repealed by the initiative petition which amended...

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