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State v. Archuleta

Oregon Court of Appeals
Jun 24, 1992
832 P.2d 50 (Or. Ct. App. 1992)

Opinion

90-3907-C2; CA A69354

Argued and submitted May 29, 1992

Convictions affirmed; remanded for resentencing June 24, 1992

Appeal from Circuit Court, Jackson County.

Loren L. Sawyer, Judge.

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Youlee Yim You, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Joseph, Chief Judge, and Rossman and De Muniz, Judges.


PER CURIAM

Convictions affirmed; remanded for resentencing.


Defendant was convicted on 2 counts of assault in the third degree, ORS 163.165, and sentenced to 2 concurrent 5-year gun minimum terms of imprisonment under ORS 161.610. The state concedes that that was error. As a matter of law, under ORS 161.610(4)(a), a sentencing court may not impose a second 5-year gun minimum sentence before a defendant has been punished by a first firearm minimum.

The state also concedes that the court erred in suspending 2 years of each sentence. Under ORS 161.610(5), a court may either suspend the execution of the entire gun minimum sentence or impose a lesser sentence. State v. Sarabia-Rendon, 111 Or. App. 647, 826 P.2d 124 (1992).

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Archuleta

Oregon Court of Appeals
Jun 24, 1992
832 P.2d 50 (Or. Ct. App. 1992)
Case details for

State v. Archuleta

Case Details

Full title:STATE OF OREGON, Respondent, v. DOMINICK PAUL ARCHULETA, Appellant

Court:Oregon Court of Appeals

Date published: Jun 24, 1992

Citations

832 P.2d 50 (Or. Ct. App. 1992)
832 P.2d 50