No. 138-C; CA 19989.

632 P.2d 28 (1981)

53 Or.App. 358

STATE of Oregon, Respondent. v. Donald W. LIPPERT, Appellant.

Court of Appeals of Oregon.

Decided August 3, 1981.

Reconsideration Denied September 24, 1981.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Deputy Sol. Gen., Salem.


RICHARDSON, Presiding Judge.

Defendant was convicted after trial to the court of attempting to use a dangerous weapon, a firearm, ORS 166.220, and of being an exconvict in possession of a firearm. ORS 166.270. On the first charge the court imposed a five-year minimum term pursuant to ORS 161.610. On the other charge the court ordered defendant to serve five years probation to begin at the expiration of the sentence on the first charge. Defendant appeals, challenging...

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