STATE v. BROOKS

C032256CR; A148065.

300 P.3d 256 (2013)

256 Or. App. 348

STATE of Oregon, Plaintiff-Respondent, v. Franklin Dominic BROOKS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 17, 2013.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Marc D. Brown , Deputy Public Defender, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.


PER CURIAM.

Defendant was found guilty of two counts of second-degree robbery (Counts 3 and 4) and one count of first-degree burglary (Count 5). The court entered separate convictions on the robbery counts and sentenced defendant to the mandatory minimum sentences under ORS 137.700 on each robbery conviction: concurrent 70-month prison terms.

On appeal, defendant challenges the trial court's failure to merge his guilty...

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