Court of Appeals of Oregon, 1988

State v. Grimm

State v. Grimm
Court of Appeals of Oregon · Decided November 23, 1988 · Graber, Riggs
94 Or. App. 181; 764 P.2d 622; 1988 Ore. App. LEXIS 2074

State v. Grimm

Opinion of the Court

PER CURIAM

Defendant, who pled guilty to two counts of assault in the third degree with a firearm, assigns as error the trial court’s imposition of two five-year gun minimum sentences pursuant to ORS 161.610. The state concedes that defendant should have received only one five-year minimum sentence. We agree, and modify the trial court’s sentence to vacate the second five-year minimum sentence. State v. Hardesty, 298 Or 616, 695 P2d 569 (1985); State v. Dickerson, 91 Or App 553, 756 P2d 59 (1988).

One five-year minimum sentence vacated; otherwise affirmed.

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