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STATE v. HARRIS

98C20767; A98206

25 P.3d 404 (2001)

174 Or. App. 105

STATE of Oregon, Respondent, v. Cornelius Shawndra HARRIS, Appellant.

Court of Appeals of Oregon.

Decided May 9, 2001.

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.

Jonathan H. Fussner, 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.

LANDAU, P.J.

Defendant appeals a judgment of conviction on one count of first-degree burglary with a firearm, ORS 164.225, three counts of second-degree robbery, ORS 164.405, and two counts of second-degree kidnapping, ORS 163.225. The trial court imposed a 70 month mandatory minimum sentence on the robbery counts and a 60 month "gun-minimum" under ORS 161.610, because defendant had "used" a gun during the commission of the crimes. On appeal, defendant assigns error...

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