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STATE v. JACKMAN

95-1996; CA A93248.

963 P.2d 170 (1998)

155 Or. App. 358

STATE of Oregon, Appellant, v. Travis Robert JACKMAN, Respondent.

Court of Appeals of Oregon.

Decided August 5, 1998.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Dan Maloney and Jesse Wm. Barton, Deputy Public Defenders, argued the cause for respondent. On the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, P.J., DEITS, C.J., and HASELTON, J.

De MUNIZ, Presiding Judge.

The state appeals from a judgment sentencing defendant to 60 months' imprisonment for the crime of second degree robbery pursuant to ORS 161.610, which provides for minimum sentences when a firearm is used. The state asserts that the sentencing court erred in failing to impose the 70-month mandatory minimum for the crime of second degree robbery required by ORS 137.700(2)(a)(R). For the following...

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