STATE v. ATKINSON

84-0626; CA A35487.

722 P.2d 9 (1986)

80 Or. App. 54

STATE of Oregon, Respondent, v. David Lee ATKINSON, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted May 7, 1986.

Decided June 18, 1986.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief 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 James E. Mountain, Jr., Sol. Gen., Salem.


Resubmitted In Banc May 7, 1986.

BUTTLER, Judge.

Defendant shot and killed an employe of a donut shop in the course of robbing it. He was convicted by a jury of aggravated murder, ORS 163.095, robbery in the first degree, ORS 164.415, and of being an ex-convict in the possession of a firearm. ORS 166.270. The trial court imposed the then mandatory sentence of life imprisonment without possibility of parole for 20 years for the aggravated murder conviction...

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