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STATE v. WOODRUFF

88-CR-0358; CA A61576.

800 P.2d 1090 (1990)

104 Or.App. 524

STATE of Oregon, Respondent, v. Bunny WOODRUFF, Appellant.

Court of Appeals of Oregon.

Decided December 5, 1990.

Attorney(s) appearing for the Case

Sally L. Avera, Acting Public Defender and Eric R. Johansen, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Wendy J. Paris, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Defendant appeals his conviction for carrying a dangerous weapon with intent to use it. ORS 166.220. His only assignment is that the court erred by imposing a minimum incarceration of five years pursuant to ORS 161.610. The state concedes that the minimum term is unlawful. We agree.

Minimum term of imprisonment on Count II vacated; otherwise...

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