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STATE v. BIOTTI

Nos. 10-83-02783, 10-83-02784; CA A29568, A29569.

683 P.2d 128 (1984)

STATE of Oregon, Respondent, v. Andrew Bernard BIOTTI, Appellant.

Court of Appeals of Oregon.

Argued and Submitted April 25, 1984.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief, for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

Defendant appeals the sentences imposed after his conviction for two separate charges of burglary in the second degree. In each case the court sentenced defendant to five years imprisonment with a two and one-half year minimum term pursuant to ORS 144.110(1). The judgment order specifies that the sentences are to run consecutively.

Defendant first contends the sentences imposed were excessive and constitute cruel and unusual punishment. They are...

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