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STATE v. CESARIO

10-87-01284; CA A46422.

764 P.2d 981 (1988)

94 Or.App. 262

STATE of Oregon, Respondent, v. James Alex CESARIO, II, Appellant.

Court of Appeals of Oregon.

Decided November 30, 1988.

Attorney(s) appearing for the Case

Mike Ellickson, Eugene, argued the cause for appellant. With him on the brief were Daniel H. Koenig and Horton & Koenig, Eugene.

Frank Gruber, 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., RIGGS, J., and VAN HOOMISSEN, J. Pro Tem.

PER CURIAM.

Defendant appeals his conviction and sentence for carrying a deadly weapon with intent to use it unlawfully. He argues, inter alia, that the trial court erred in imposing the minimum mandatory statutory sentence under ORS 161.610, because the indictment did not include the words "with a firearm" in the title.1 ORS 161.610(2) does not require inclusion of the words "with a firearm" in the title. It merely provides that...

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