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STATE v. ARCHULETA

90-3907-C2; CA A69354.

832 P.2d 50 (1992)

113 Or. App. 599

STATE of Oregon, Respondent, v. Dominick Paul ARCHULETA, Appellant.

Court of Appeals of Oregon.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Youlee Yim You, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before JOSEPH, C.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Defendant was convicted on 2 counts of assault in the third degree, ORS 163.165, and sentenced to 2 concurrent 5-year gun minimum terms of imprisonment under ORS 161.610. The state concedes that that was error. As a matter of law, under ORS 161.610(4)(a), a sentencing court may not impose a second 5-year gun minimum sentence before a defendant has been punished by a first firearm minimum.

The state also concedes that the court erred in suspending...

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