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STATE v. HARDESTY

C83-01-30043; CA A36551.

720 P.2d 1335 (1986)

80 Or.App. 144

STATE of Oregon, Respondent, v. Jude Somerset HARDESTY, Appellant.

Court of Appeals of Oregon.

Decided June 18, 1986.

Reconsideration Denied August 22, 1986.

Attorney(s) appearing for the Case

Michael E. Swaim, Salem, argued the cause for appellant. On brief were Gary D. Babcock, Public Defender, and Stephen J. Williams, Deputy Public Defender, Salem.

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

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Defendant was convicted of two counts of robbery in the first degree and one count of rape in the first degree. ORS 163.375; ORS 164.415. He was sentenced to 20 years imprisonment, with a five-year mandatory minimum under ORS 161.610 for use of a firearm, on each charge. The robbery sentences were concurrent, and the rape sentence was consecutive to the robbery sentences. On appeal, we held that defendant could receive only one mandatory minimum sentence...

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