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STATE v. BIRCHARD

89-CF-007; CA A62487.

804 P.2d 1224 (1991)

105 Or. App. 400

STATE of Oregon, Respondent, v. James Thomas BIRCHARD, Appellant.

Court of Appeals of Oregon.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Rives Kistler, 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 WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

After his convictions for attempted murder and attempted robbery in Umatilla County, defendant was convicted and sentenced in Morrow County for attempted murder. He appeals from that judgment. His sentence included a mandatory minimum for the use of a gun, to be served consecutively to the Umatilla County sentences. Although the Umatilla County sentences, including a mandatory gun minimum, had been imposed, they had not been served. See State v. Birchard...

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