Court of Appeals of Oregon, 1985

State v. Lester

State v. Lester
Court of Appeals of Oregon · Decided August 28, 1985 · Newman, Richardson
75 Or. App. 130; 704 P.2d 1169; 1985 Ore. App. LEXIS 3896

State v. Lester

Opinion of the Court

PER CURIAM

Defendant appeals his conviction for robbery in the first degree. He contends that the court erred in admitting evidence respecting his participation in two other robberies and in imposing a mandatory minimum sentence in accordance with ORS 161.610. We conclude that the court did not err in admitting the evidence and affirm the conviction.

The state concedes that the court erred in imposing a mandatory minimum term of imprisonment, because there was no jury finding or admission by the defendant that he personally had used a gun in commission of the crime. See State v. Wedge, 293 Or 598, 652 P2d 773 (1982).

Conviction affirmed; judgment modified to delete five-year minimum imposed pursuant to ORS 161.610.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.