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STATE v. VON MELKER

01CR0335; A117296.

91 P.3d 833 (2004)

193 Or. App. 765

STATE of Oregon, Respondent, v. Robert VON MELKER, Appellant.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

James N. Varner, Newberg, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Judge, and LEESON, Judge pro tempore.

PER CURIAM.

Defendant was convicted of one count of assault in the third degree, ORS 163.165, and two counts of unlawful use of a weapon, ORS 166.220. The jury found that defendant used a firearm in the commission of all three offenses. The trial court sentenced him to three 60-month "gun minimum" sentences on each of the three counts. ORS 161.610. In addition, the trial court imposed 36 months of post-prison supervision on each conviction.

On appeal, defendant...

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