State v. Bellek

Both parties petition for review of our opinion. 114 Or App 17,834 P2d 458 (1992). Treating the petitions as ones for reconsideration, ORAP 9.15(1), we deny defendant’s and grant the state’s. Defendant had been sentenced to life imprisonment, pursuant to ORS 163.115(3)(a), and to 121 months under the guidelines. We held that it was error to impose life imprisonment and remanded for resentencing.

In State v. Morgan, 116 Or App 338, 345, 842 P2d 406 (1992), we said:

“In State v. Bellek, supra, we held that ORS 137.637 requires the court to impose at least 121 months in prison under the…