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STATE v. HOWE

554 P.2d 605 (1976)

26 Or.App. 743

STATE of Oregon, Respondent, v. Max Raymond HOWE, Appellant.

Court of Appeals of Oregon.

Decided September 13, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Darryl L. Larson, Asst. Dist. Atty., for Lane County, Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., for Lane County, Eugene.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

Having been convicted of first degree robbery, defendant contends his enhanced sentence under ORS 166.230 was erroneous and that admission of certain evidence is reversible error.

There are four statutes relevant to the sentencing issue. ORS 166.230, in effect since 1925, provides in part:

"Any person who commits or attempts to commit any felony within this state while armed with any...

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