PORTLAND, Ore. (AP) — The Oregon Court of Appeals has ruled that a man serving a 50-year prison term for the 1991 slaying of a woman in Clackamas County should be resentenced.
The Oregonian/OregonLive reports the appeals court determined Wednesday that a Circuit Court judge wasn’t justified in sentencing Todd Davilla to longer than the presumptive 10 years. Judge Eve Miller had cited Davilla’s use of a knife to nearly decapitate Lisa Flormoe and his lack of empathy in her decision for the 50-year sentence.
The appeals court sided with Davilla’s argument that Miller’s explanation didn’t warrant the longer sentence.
Court records show Davilla was 16 when he tried to rape Flormoe and fatally stabbed her when she resisted.
Davilla has had four other sentences overturned since pleading guilty to murder in 1992.
