State v. Stewart

We allow the state’s motion for reconsideration of our decision in which we affirmed defendant’s conviction for murder but remanded for resentencing. 120 Or App 245, 850 P2d 1173 (1993).

Defendant was found guilty of murder in violation of ORS 163.115(1) based on stipulated facts. There was no agreement between the parties regarding dismissal of any other charges or the sentence. Defendant’s assignments of error were, thus, reviewable. He argued that the court erred in considering, as part of his criminal history, sexual abuse crimes for which he had been convicted but not sentenced, and that…