State v. Wight
State v. Wight
Opinion of the Court
Defendant appeals his convictions for murder, being an ex-convict in possession of a firearm and possession of a controlled substance. The trial court imposed, among others, 10- and 15-year consecutive minimum sentences on the murder conviction under ORS 163.115(3)(b) and (c), respectively, and a five-year minimum sentence on each conviction under ORS 161.610. We vacate the minimum sentences imposed under ORS 161.610, remand for resentencing and otherwise affirm.
In his second assignment of error,
In his third assignment, defendant contends that the trial court erred in imposing more than one minimum sentence under ORS 161.610, which allows an enhanced penalty for using a firearm in the commission of a felony. We accept the state’s concession that the trial court erred. State v. Hardesty, 298 Or 616, 695 P2d 569 (1985); State v. Mackey, 86 Or App 691, 695, 740 P2d 231, rev den 304 Or 279 (1987). On this record, we cannot determine whether the trial court would have ordered the minimum sentence under ORS 161.610 to be served concurrently or consecutively to the minimum sentences imposed on the murder conviction under ORS 163.115(3)(b) and (c).
In his fourth assignment, defendant contends that the trial court erred in imposing the 15-year minimum sentence under ORS 163.115(3)(c),
Minimum sentences imposed under ORS 161.610 vacated; remanded for resentencing; and otherwise affirmed.
Defendant’s first assignment of error lacks merit and requires no discussion.
The sentence imposed for being an ex-convict in possession of a firearm was ordered to be served concurrently with the sentence for murder; the sentence imposed for being in possession of a controlled substance was ordered to be served consecutively to the other sentences.
ORS 163.115(3) provides:
“(a) A person convicted of murder shall be punished by imprisonment for life.
*641 “(b) When a defendant is convicted of murder under this section, the court shall order that the defendant shall be confined for a minimum of 10 years without possibility of parole, release on work release or any form of temporary leave or employment at a forest or work camp.
“ (c) When a defendant is convicted of murder under this section, the court, in addition to the minimum required by paragraph (b) of this subsection, may order that the defendant shall be confined for a minimum term of up to an additional 15 years without possibility of parole, release on work release or any form of temporary leave or employment at a forest or work camp.
“(4) The minimum term set forth in paragraph (b) or (c) of this subsection may be set aside by a unanimous vote of the State Board of Parole.”
Defendant also raises four constitutional challenges to ORS 163.115(3)(c). Those challenges lack merit and require no discussion.
Reference
- Full Case Name
- STATE OF OREGON v. DARRELL JAY WIGHT
- Cited By
- 2 cases
- Status
- Published