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STATE v. WEDGE

CA A21873; SC 28477.

652 P.2d 773 (1982)

293 Or. 598

STATE of Oregon, Respondent On Review, v. Raymond Delbert WEDGE II, Petitioner On Review.

Supreme Court of Oregon.

Decided October 5, 1982.

Reconsideration Denied November 23, 1982.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on brief was Gary D. Babcock, Public Defender.

William F. Gary, Sol. Gen., Salem, argued the cause for respondent on review. With him on brief were Dave Frohnmayer, Atty. Gen., and Thomas H. Denney, Asst. Atty. Gen.

CAMPBELL, Justice.

Following defendant's conviction in a jury trial, the trial court imposed a minimum five-year sentence for the use of a firearm following ORS 161.610(4),1 even though the jury did not necessarily find that defendant had personally used or threatened to use a firearm. Defendant contends this minimum sentence is unconstitutional as a violation of his right to a jury under the...

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