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State v. Dyer

Oregon Court of Appeals
Mar 2, 1988
750 P.2d 538 (Or. Ct. App. 1988)

Opinion

10-86-07306 10-86-07495; CA A43003 (Control) CA A43004 (Cases Consolidated)

Argued and submitted July 29, 1987,

Affirmed March 2, 1988

Appeal from Circuit Court, Lane County.

Maurice K. Merten, Judge.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.


PER CURIAM

Five year minimum sentence for robbery I in case no. 10-86-07495 vacated; both cases otherwise affirmed.


In these two consolidated cases, defendant was convicted of two robberies in the first degree which he committed on different dates with different victims. For each offense, the court imposed a 20-year sentence with a 10-year minimum pursuant to ORS 144.110, and a five-year minimum or use of a gun, pursuant to ORS 161.610, the sentences to run concurrently. Only a single mandatory minimum sentence under ORS 161.610 may be imposed. State v. Hardesty, 298 Or. 616, 695 P.2d 569 (1985); State v. Haywood, 73 Or. App. 6, 697 P.2d 977(1985).

There is no other merit in defendant's appeal.

Five year minimum sentence for robbery I in case number 10-86-07495 vacated; both cases otherwise affirmed.


Summaries of

State v. Dyer

Oregon Court of Appeals
Mar 2, 1988
750 P.2d 538 (Or. Ct. App. 1988)
Case details for

State v. Dyer

Case Details

Full title:STATE OF OREGON, Respondent, v. SCOTT WARNECK DYER, Appellant

Court:Oregon Court of Appeals

Date published: Mar 2, 1988

Citations

750 P.2d 538 (Or. Ct. App. 1988)
750 P.2d 538