Court of Appeals of Oregon, 1979

State v. Harvey

State v. Harvey
Court of Appeals of Oregon · Decided November 19, 1979 · Ihardson, Joseph, Lee
43 Or. App. 229; 602 P.2d 353; 1979 Ore. App. LEXIS 3417

State v. Harvey

Opinion of the Court

PER CURIAM

The indictment alleged that defendant’s offense is committed between January 1, 1977, and Decem-¡r 31, 1977. The trial court made no finding that the Pense was committed after October 4, 1977, which is the effective date of Oregon Laws 1977, chapter 2. The state therefore concedes that the court was thout authority to impose a minimum sentence pursuant to ORS 144.110. State v. Bussey, 34 Or App 535, 579 P2d 264 (1978).

Reversed and remanded for resentencing.

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