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STATE v. HICKS

No. 77-6970; CA 10902.

589 P.2d 1130 (1979)

38 Or.App. 97

STATE of Oregon, Respondent, v. Paul Jeffrey HICKS, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert C. Gorham, Asst. Dist. Atty., Eugene, argued the cause for respondent. On the brief were J. Pat Horton, Dist. Atty., and Brian R. Barnes, Asst. Dist. Atty., Eugene.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of first degree robbery and first degree rape.1 He received an additional 10-year sentence on the rape conviction pursuant to ORS 166.230, which provides for such an enhanced penalty for felonies committed while armed, and pursuant to the jury's special finding that "the defendant was in possession of a revolver" during the rape. The court had instructed the jury it could so find if defendant...

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