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STATE v. HALLINAN

10-86-09534; 10-87-01670; 10-87-03172; CA A44899 (Control); CA A44900; CA A44901.

757 P.2d 446 (1988)

92 Or.App. 125

STATE of Oregon, Respondent, v. John Michael HALLINAN, Appellant.

Court of Appeals of Oregon.

Decided July 13, 1988.

Reconsideration Denied August 26, 1988.

Attorney(s) appearing for the Case

Marsha Mussehl, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Robert M. Atkinson, 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 WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his sentence. He was convicted of assault in the first degree, ORS 163.185, two counts of burglary in the first degree, ORS 164.225, attempted assault in the first degree, ORS 163.185; ORS 161.405, and assault in the fourth degree. ORS 163.160. The issue is whether the trial court erred in imposing a five-year mandatory minimum sentence for the use of a firearm. ORS 161.610. We affirm.

In one of the indictments, which...

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