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STATE v. ACKLIN

J85-2578; CA A39237.

730 P.2d 1288 (1986)

83 Or.App. 246

STATE of Oregon, Respondent, v. Terry Lynn ACKLIN, Appellant.

Court of Appeals of Oregon.

Decided December 31, 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.

ROSSMAN, Judge.

This case presents a sentencing issue under the provisions of ORS 161.610, the so-called "gun minimum" statute.1 Because the trial court misinterpreted the application of that statute, we remand for resentencing.

Defendant was originally charged with the Class B felony of assault in the second degree involving the use of a deadly weapon, a .22 rifle. ORS 163.175. He entered a plea of no contest to the lesser included...

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