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STATE v. CAVOTA

91C-20792; CA A73633.

856 P.2d 322 (1993)

121 Or. App. 598

STATE of Oregon, Respondent, v. Germanio Verjanzia CAVOTA, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, Salem, argued the cause, for appellant. With her on the brief, was Sally L. Avera, Public Defender, Salem.

Janet L. Klapstein, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

DE MUNIZ, Judge.

Defendant appeals the sentence imposed for his conviction of murder. ORS 163.115. He argues that, under our holding in State v. Morgan, 116 Or.App. 338, 842 P.2d 406 (1992), aff'd on other grounds, 316 Or. 553, ___ P.2d ____ (1993), the sentencing guidelines have superseded the provisions of ORS 163.115(3) and, therefore, the trial...

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