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73 Or. App. 566

State v. Hagens

Court of Appeals of Oregon

Decided May 15, 1985

Court of Appeals of Oregon · decided 1985-05-15

Applies OR 144 § 144.110

Decided 1985-05-15

PER CURIAM

¶1After defendant’s plea of guilty to two charges of theft in the first degree, the trial court orally sentenced him to two consecutive five-year prison terms. The court said nothing about minimum terms of incarceration. However, the judgments purport to order that defendant serve a minimum of two and one-half years on each charge pursuant to ORS 144.110(1).

¶2The state concedes that the minimum terms were not imposed and were included as the result of a scrivener’s error in drafting the judgments.

¶3Judgments modified to delete the minimum sentence provisions; affirmed as modified.

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