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94 Or. App. 181

State v. Grimm

Court of Appeals of Oregon

Decided November 23, 1988

Court of Appeals of Oregon · decided 1988-11-23

Applies OR 161 § 161.610

Decided 1988-11-23

PER CURIAM

¶1Defendant, 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).

¶2One five-year minimum sentence vacated; otherwise affirmed.

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