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STATE v. LANGDON

(CC 95-04-32422; CA A94048; SC S44978)

999 P.2d 1127 (2000)

330 Or. 72

STATE of Oregon, Respondent on Review, v. Daryl Wayne LANGDON, Petitioner on Review.

Supreme Court of Oregon.

Decided March 9, 2000.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Sally L. Avera, Public Defender. With him on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause and filed the response and brief for respondent on review. With him on the response and brief were Hardy Myers, Attorney General and Michael D. Reynolds, Solicitor General, Salem.

Before, CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.

CARSON, C.J.

The issue in this criminal case is whether consecutive sentences imposed under Ballot Measure 11, adopted by the people in 1994, Or Laws 1995, ch 2, § 1, are subject to the limitation on incarceration terms prescribed by the Oregon Felony Sentencing Guidelines (sentencing guidelines).1 The Court of Appeals concluded that Measure 11 sentences are not subject to those limitations. State v. Langdon,

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