STATE v. HARVEY

No. 79-41; CA 14339.

602 P.2d 353 (1979)

43 Or.App. 229

STATE of Oregon, Respondent, v. John Hayden HARVEY, Appellant.

Court of Appeals of Oregon.

Decided November 19, 1979.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and David E. Groom, Deputy Public Defender, Salem, filed the brief for appellant.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


Submitted on Appellant's Brief October 15, 1979.

PER CURIAM.

The indictment alleged that defendant's offense was committed between January 1, 1977, and December 31, 1977. The trial court made no finding that the offense was committed after October 4, 1977, which was the effective date of Oregon Laws 1977, chapter 372. The state therefore concedes that the court was without authority to impose a minimum sentence pursuant to ORS 144.110. State v. Bussey,...

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