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STATE v. SARABIARENDON

90-C-20918; CA A67525.

826 P.2d 124 (1992)

111 Or.App. 647

STATE of Oregon, Respondent, v. Demetrio Tomas SARABIARENDON, Appellant.

Court of Appeals of Oregon.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Irene B. Taylor, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Douglas F. Zier, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Defendant was convicted of robbery in the first degree. ORS 164.415. As allowed by OAR 253-09-001(1), the trial court did not sentence defendant under the sentencing guidelines, but instead sentenced him to the statutorily mandated five-year "gun minimum." ORS 161.610(4). It purported to suspend 24 months of the sentence after finding mitigating circumstances.

ORS 161.610(5) provides:

"If it is the first time that the defendant is subject...

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