State v. MacY

Defendant was convicted of two counts of murder and sentenced to life imprisonment with a 10-year mandatory minimum on one count imposed under ORS 144.110(1). On appeal, he contended (1) the trial court had no authority to impose a mandatory minimum under ORS 114.110(1) because the statute does not authorize a minimum term in the case of a life sentence, and (2) this statutory provision was impliedly repealed by the initiative petition which amended ORS 163.115. Former ORS 163.115(5), requiring the defendant to serve not less than 25 years before becoming eligible for parole, was declared…