State v. George Arthur Way

Defendant appeals his conviction for murder. Although we limit our discussion to the question whether the trial court erred in imposing a ten-year minimum sentence, we affirm the trial court in all respects.1

In 1978, by initiative, the people of Oregon amended ORS 163.115(5) to provide for a mandatory minimum sentence of “not less than 25 years” for murder. That provision was held unconstitutional in State v. Shumway, 291 Or 153, 630 P2d 796 (1981), and was subsequently repealed by Or Laws 1981, ch 873, § 5. We have held that, under ORS 144.110(1), a court is authorized to impose a ten-year…