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State v. Lester

Oregon Court of Appeals
Aug 28, 1985
704 P.2d 1169 (Or. Ct. App. 1985)

Opinion

82-0330; CA A34129

Argued and submitted July 24, 1985.

Conviction affirmed, judgment modified August 28, 1985.

Appeal from Circuit Court, Washington County, Hollie Pihl, Judge.

Sally L. Avera, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Christine L. Dickey, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

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


PER CURIAM

Conviction affirmed; judgment modified to delete five-year minimum imposed pursuant to ORS 161.610.


Defendant appeals his conviction for robbery in the first degree. He contends that the court erred in admitting evidence respecting his participation in two other robberies and in imposing a mandatory minimum sentence in accordance with ORS 161.610. We conclude that the court did not err in admitting the evidence and affirm the conviction.

The state concedes that the court erred in imposing a mandatory minimum term of imprisonment, because there was no jury finding or admission by the defendant that he personally had used a gun in commission of the crime. See State v. Wedge, 293 Or. 598, 652 P.2d 773 (1982).

Conviction affirmed; judgment modified to delete five-year minimum imposed pursuant to ORS 161.610.


Summaries of

State v. Lester

Oregon Court of Appeals
Aug 28, 1985
704 P.2d 1169 (Or. Ct. App. 1985)
Case details for

State v. Lester

Case Details

Full title:STATE OF OREGON, Respondent, v. ALPHONSO LESTER, Appellant

Court:Oregon Court of Appeals

Date published: Aug 28, 1985

Citations

704 P.2d 1169 (Or. Ct. App. 1985)
704 P.2d 1169