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STATE v. BIRCHARD

CF89-25; CF89-26; CA A62159 (Control); CA A62160.

804 P.2d 1225 (1991)

105 Or. App. 402

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.

Defendant was charged and convicted in Umatilla County for attempted murder and attempted first degree robbery. At the sentencing on those convictions, the trial court imposed two mandatory minimum five-year sentences for the use of a gun under ORS 161.610. The state concedes that the trial court erred in imposing the second "gun minimum." State v. Haywood, 73 Or.App. 6, 697 P.2d 977

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