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STATE v. HARVEY

No. 22360; CA 10591.

590 P.2d 770 (1979)

38 Or.App. 529

STATE of Oregon, Respondent, v. George Weslie HARVEY, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Robert C. Cannon, Salem, argued the cause for appellant. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Defendant appeals after his jury conviction for manslaughter in the first degree. ORS 163.118. He assigns as errors the admission of certain evidence, the denial of a motion for judgment of acquittal and the imposition of a minimum term of incarceration under ORS 144.110(1). The state concedes that the imposition of the minimum sentence for conduct prior to October 4, 1977, was error under State v. Bussey, 34 Or.App. 535

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