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STATE v. MORGAN

CC 90-12-36815; CA A70425; SC S39950.

856 P.2d 612 (1993)

316 Or. 553

STATE of Oregon, Petitioner on Review, v. John William MORGAN, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Charles S. Crookham, Atty. Gen. and Virginia L. Linder, Sol. Gen.

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for respondent on review.

PETERSON, Justice.

The issue in this criminal case is whether the enactment of sentencing guidelines statutes in 1989 impliedly repealed ORS 163.115(3), which requires and authorizes mandatory murder sentences. The Court of Appeals, although mindful that repeals by implication are not favored, held that "ORS 163.115(3) has been superseded in its entirety by the guidelines." State v. Morgan, 116 Or.App. 338, 345,

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