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STATE v. THIEHOFF

(9707-35741; CA A101271)

10 P.3d 322 (2000)

169 Or. App. 630

STATE of Oregon, Respondent, v. Edward Bambino THIEHOFF, Appellant.

Court of Appeals of Oregon.

Decided September 13, 2000.

Attorney(s) appearing for the Case

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

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

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

Defendant appeals from a judgment of conviction, challenging the trial court's imposition of a five-year minimum sentence pursuant to ORS 161.610.1 That statute provides for the imposition of a minimum sentence for felonies "having as an element the defendant's use or threatened use of a firearm during the commission of the crime." ORS 161.610(3) (emphasis added). Defendant asserts that the trial court improperly imposed...

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