STATE v. GRIMM, 94 Or. App. 181 (1989)

764 P.2d 622

STATE OF OREGON, Respondent, v. KEVIN EUGENE GRIMM, Appellant.

86C-21520; CA A47650Oregon Court of Appeals.Argued and submitted September 30, 1989
One five-year minimum sentence vacated; otherwise affirmed November 23, 1988; reconsideration allowed by opinion February 22, 1989 See 95 Or. App. 369, 769 P.2d 238 (1989)

Appeal from the Circuit Court, Marion County, Duane R. Ertsgaard, Judge.

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Brenda J Peterson, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Warden, Presiding Judge, and Graber and Riggs, Judges.

PER CURIAM

One five-year minimum sentence vacated; otherwise affirmed.

Page 182

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 P.2d 569 (1985); State v. Dickerson, 91 Or. App. 553, 756 P.2d 59
(1988).

One five-year minimum sentence vacated; otherwise affirmed.

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