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.