STATE v. NOBLE

86C-22355; CA A47047.

764 P.2d 949 (1988)

94 Or.App. 123

STATE of Oregon, Respondent, v. Kerry Anthony NOBLE, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1988.

Review Allowed January 31, 1989.

Reconsideration Denied January 13, 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 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

After committing a robbery at age seventeen, defendant was remanded to adult court. He pled guilty to robbery in the first degree, ORS 164.415, and was sentenced to fifteen years in prison. Pursuant to ORS 144.110, the trial court also imposed a five-year minimum sentence. On appeal, defendant argues that ORS 161.620 prohibits trial judges from imposing a minimum sentence on remanded juveniles under ORS 144.110.

ORS 161.620 provides:

...

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