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STATE v. LARA

No. 82-10-474; CA A27803.

681 P.2d 176 (1984)

68 Or.App. 367

STATE of Oregon, Respondent, v. Ramiro LARA, Appellant.

Court of Appeals of Oregon.

Decided May 9, 1984.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Helen M. Rockett, Sp. Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

PER CURIAM.

Defendant appeals his conviction for murder. ORS 163.115. He argues that the court erred in instructing the jury that he had the burden of proving the affirmative defense of "extreme emotional disturbance." ORS 163.115(1)(a). He also contends that the minimum sentence imposed pursuant to ORS 144.110(1) is unlawful. We affirm the conviction but vacate the minimum sentence.

Defendant admitted killing the victim but argued that he was acting under...

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