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GAINES v. CUPP

150,912; CA A38846.

723 P.2d 1083 (1986)

81 Or. App. 103

George Armstead GAINES, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided September 3, 1986.

Attorney(s) appearing for the Case

Eric R. Johansen, Salem, argued the cause and filed the brief for appellant.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Solicitor Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

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

PER CURIAM.

Petitioner seeks review of a judgment denying post-conviction relief. We reverse.

Petitioner was sentenced in two unrelated cases which had been tried seriatim before the same judge. Each case involved the use of a firearm, and the court imposed a five-year minimum sentence pursuant to ORS 161.610 in each case, to be served consecutively.

By a variety of means, petitioner challenges the imposition of two five-year sentences under ORS 161...

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