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STATE v. MACY

CC 27992; CA A66654; SC S41215.

886 P.2d 1010 (1994)

320 Or. 408

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

Supreme Court of Oregon, In Banc.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the petition for petitioner on review.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause and filed a brief for respondent on review. With him on the brief were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen.

CARSON, Chief Justice.

More than 13 years ago, in March 1981, a jury found defendant guilty of two counts of murder. Under ORS 163.115(5) (1979),1 the trial court imposed two concurrent life sentences with a 25-year mandatory minimum term. On appeal, the Court of Appeals vacated defendant's sentence and remanded for resentencing on the basis of State v. Shumway, 291 Or. 153, 630 P...

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