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STATE v. THIESIES

132,637; CA A26223.

662 P.2d 797 (1983)

63 Or.App. 200

STATE of Oregon, Respondent, v. Roger Wesley THIESIES, Appellant.

Court of Appeals of Oregon.

Argued and Submitted April 1, 1983.

Attorney(s) appearing for the Case

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

Linda Acaldo, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Defendant's only contention in this criminal case is that the trial court erred in imposing a mandatory minimum sentence of five years under ORS 161.610. The question presented is the viability of our decision in State v. Owens, 58 Or.App. 739, 650 P.2d 124 (1982), after the Supreme Court's decision in State v. Wedge, 293 Or. 598,

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