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STATE v. WELLS

85-5164; CA A38628.

728 P.2d 533 (1986)

82 Or.App. 283

STATE of Oregon, Respondent, v. Donald Ray WELLS, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1986.

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 Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant was convicted in Polk County of robbery in the third degree and attempted murder, committed on June 25, 1985. He was later convicted in Marion County of robbery in the first degree, committed on June 15, 1985. Defendant appeals his sentence in Marion County, contending that the court lacked authority to impose a five-year "gun minimum" sentence pursuant to former ORS 161.610(5)(a) (now ORS 161.610(4)(a)), to run consecutively with a...

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