STATE v. BELLEK, 316 Or. 654 (1993)

856 P.2d 616

CC 90051007; CA A68579; SC S39627Oregon Supreme Court.Argued and submitted May 4, 1993
decision of the Court of Appeals affirmed in part on different grounds; case remanded to the circuit court for resentencing June 17, 1993.

In Banc

On review from the Court of Appeals.[*]

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the petition were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

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

PER CURIAM

The decision of the Court of Appeals is affirmed, in part on different grounds. The case is remanded to the circuit court for resentencing consistent with this opinion.

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PER CURIAM

Defendant was convicted of murder, ORS 163.115, and sentenced to life imprisonment with a 121-month minimum under ORS 137.637. The Court of Appeals affirmed the conviction and the 121-month minimum sentence, but remanded for resentencing, holding that “[i]t was error to sentence defendant to life imprisonment.”State v. Bellek, 114 Or. App. 17, 20, 834 P.2d 458 (1992).

For the reasons stated in State v. Morgan, 316 Or. 553, 856 P.2d 612 (1993), decided this day, we affirm the decision of the Court of Appeals that set aside the term of life imprisonment, affirm the decision of the Court of Appeals that affirmed defendant’s conviction and 121-month minimum sentence, and remand the case to the circuit court with directions to delete the sentence of “imprisonment for life” and impose, instead, a judgment that provides for post-prison supervision “for the remainder of the [defendant’s] life, unless the Board finds a shorter term appropriate.” OAR 253-05-004 (1).

The decision of the Court of Appeals is affirmed, in part on different grounds. The case is remanded to the circuit court for resentencing consistent with this opinion.

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