State v. Cavota

Defendant appeals the sentence imposed for his conviction of murder. ORS 163.115. He argues that, under our holding in State v. Morgan, 116 Or App 338, 842 P2d 406 (1992), aff’d on other grounds, 316 Or 553, 856 P2d 612 (1993), the sentencing guidelines have superseded the provisions of ORS 163.115(3) and, therefore, the trial court was without authority under the guidelines to impose a sentence of life imprisonment with a minimum term of 18 years.

Pursuant to an agreement with the state, defendant entered a plea of guilty to murder, and the state dismissed a charge of conspiracy to commit…