State v. Morgan

Defendant pled guilty to murder. The court sentenced him to life in prison with minimum sentences of 10 years and 15 years pursuant to ORS 163.115(3)(b) and (c). He appeals, arguing that the sentencing guidelines have rendered “fatally flawed” the sentencing scheme for murder under ORS 163.115(3). Therefore, he contends, ORS 163.115(3) has been superseded, and his sentence should have been imposed according to the sentencing guidelines.

The state acknowledges that there is an apparent conflict between ORS 163.115(3) and the guidelines, but it argues that the legislature did not intend to…