Filed: September 14, 2000

STATE OF OREGON,

Respondent on Review,

v.

JACOB BARRETT,

Petitioner on Review.

On review from the Court of Appeals.*

Argued and submitted October 12, 1999.

Peter Gartlan, Chief Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the brief was David E. Groom, Public Defender.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, Leeson, and Riggs, Justices.**

GILLETTE, J.

The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for resentencing.

*Appeal from Klamath County Circuit Court,

Roxanne Osborne, Judge.

153 Or App 621, 958 P2d 215 (1998).

**Kulongoski, J., did not participate in the consideration or decision of this case.

GILLETTE, J.

This criminal case presents the issue whether a sentencing court may impose multiple life sentences on defendant for the aggravated murder of one victim. The trial court concluded that it had such authority under former ORS 161.062(1), repealed by Or Laws 1999, ch 136,