State v. Davilla

The state appeals a judgment imposing a sentence on defendant on his conviction for murder, ORS 163.115, for an offense committed in 1991. The trial court imposed a sentence of life imprisonment with immediate eligibility for parole pursuant to ORS 163.115(3)(a) (1989), amended by Or Laws 1995, ch 421, § 3, after the court determined that the sentencing guidelines were invalid on constitutional grounds. We review to determine, as a matter of law, whether the “sentencing court failed to comply with the requirements of law in imposing or failing to impose a sentence.” ORS 138.222(4)(a). We…