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WHITE v. PREMO

A154420.

399 P.3d 1034 (2017)

286 Or. App. 123

Laycelle Tornee WHITE, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

June 14, 2017.

Attorney(s) appearing for the Case

Ryan T. O'Connor , Portland, argued the cause for appellant. With him on the briefs was O'Connor Weber LLP.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

Petitioner was convicted of aggravated murder and murder for acts that he committed with his twin brother in 1993, when they were 15. In the petition for post-conviction relief that gives rise to this appeal, petitioner alleged that his 800-month sentence for murder was unconstitutional because it was vertically

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