State v. Hostetter

Defendant was convicted of, inter alia, murder, ORS 163.115(l)(a), and sentenced to life in prison with a 25-year minimum term. After defendant filed his appeal challenging the imposition of sentence under ORS 163.115(3), the Supreme Court decided State v. Morgan, 316 Or 553, 856 P2d 612 (1993). Under Morgan, defendant’s 25-year minimum term under ORS 163.115(3)(b) and (c) is valid.

The state argues that defendant’s life term is also valid, because the court made departure findings that defendant did not challenge, and defendant did not argue that a “life sentence” could not be imposed as a…