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STATE v. GRIMM

86C-21520; CA A47650.

764 P.2d 622 (1988)

94 Or.App. 181

STATE of Oregon, Respondent, v. Kevin Eugene GRIMM, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1988.

Reconsideration Allowed February 22, 1989.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and GRABER and RIGGS, JJ.

PER CURIAM.

Defendant, who pled guilty to two counts of assault in the third degree with a firearm, assigns as error the trial court's imposition of two five-year gun minimum sentences pursuant to ORS 161.610. The state concedes that defendant should have received only one five-year minimum sentence. We agree, and modify the trial court's sentence to vacate the second five-year minimum sentence. State v. Hardesty, 298 Or. 616

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