FILED: March 9, 2000
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Respondent on Review,v.
DARYL WAYNE LANGDON,
Petitioner on Review.(CC 95-04-32422; CA A94048; SC S44978)
On review from the Court of Appeals.*
Argued and submitted November 3, 1998.
Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Sally L. Avera, Public Defender. With him on the brief was David E. Groom, Public Defender.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause and filed the response and brief for respondent on review. With him on the response and brief were Hardy Myers, Attorney General and Michael D. Reynolds, Solicitor General, Salem.
Before, Carson, Chief Justice, and Gillette, Van Hoomissen, and Durham, Justices.**
CARSON, C.J.
The decision of the Court of Appeals is affirmed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for resentencing.
*Appeal from Multnomah County Circuit Court,
151 Or App 640, 950 P2d 410 (1997).
**Kulongoski, Leeson, and Riggs, JJ., did not participate in the consideration or decision of this case.
CARSON, C.J.The issue in this criminal case is whether consecutive sentences imposed under Ballot Measure 11, adopted by the people in 1994, Or Laws 1995, ch 2,