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75 Or. App. 130

State v. Lester

Court of Appeals of Oregon

Decided August 28, 1985

Court of Appeals of Oregon · decided 1985-08-28

Applies OR 161 § 161.610

Decided 1985-08-28

PER CURIAM

¶1Defendant 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.

¶2The 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).

¶3Conviction affirmed; judgment modified to delete five-year minimum imposed pursuant to ORS 161.610.

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