State v. Hamilton

*260EDMONDS, J.

The state appeals from a judgment imposing sentence under the sentencing guidelines on two counts of second-degree robbeiy. ORS 164.405. The sentencing court vacated the original judgment that had imposed the 70-month minimum sentences mandated by Measure 11 and imposed instead 12-month sentences under the guidelines.1 The state argues that the court had no authority to vacate the original judgment and to resentence defendant at a time when defendant was serving the sentences under the jurisdiction of the Oregon Corrections Division and had an appeal pending before this court. We…