State v. Davilla

Defendant appeals from the 1,394-month sentence imposed on resentencing on his murder conviction. ORS 138.050. We affirm the conviction and remand for vacation of the sentence and for resentencing.

Defendant was 16 years old on August 13, 1991, when he attempted to rape a woman and then murdered her. After the state filed a motion to remand the case from juvenile court to circuit court, defendant did not contest the remand and agreed to plead guilty to murder, burglary and attempted rape. Defendant was remanded and pleaded guilty. He received, in part, a sentence of life imprisonment on the…