State v. MacY

STATE of Oregon, Respondent, v. Calvin Lloyd MACY, Appellant.

Court of Appeals of Oregon

Argued and Submitted January 22, 1982.

Decided April 19, 1982.

Court of Appeals of Oregon · decided 1982-04-19

Cited by 1 later decisions — most recently June 2017

1 state decisions

Applies OR 163 § 163.115

Relies on State v. Shumway · State v. Macy

Good law ✅— No negative treatment on recordhow we know

Decided 1982-04-19

View the full empirical analysis of this case →

¶1 *878 Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

¶2Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

¶3Before BUTTLER, P.J., and RICHARDSON and WARDEN, JJ.

¶4PER CURIAM.

¶5The judgment of conviction is affirmed. However, because the trial court imposed the statutory minimum sentence of 25 years pursuant to ORS 163.115(5), the sentence is vacated and the cause remanded for resentencing. State v. Shumway,291 Or. 153, 630 P.2d 796 (1981).