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State v. Mooney

Oregon Court of Appeals
Oct 2, 1996
924 P.2d 875 (Or. Ct. App. 1996)

Opinion

94CR1309; CA A92682

Submitted on record and briefs August 22, remanded for resentencing October 2, 1996

Appeal from Circuit Court, Josephine County.

Allan H. Coon, Judge.

Sally L. Avera, Public Defender, and Stephen J. Williams, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Judith Brant, Assistant Attorney General, filed the brief for respondent.

Before Richardson, Chief Judge, and Riggs and Landau, Judges.


PER CURIAM

Remanded for resentencing.


Defendant appeals the sentence that was imposed after his probation was revoked. He had initially pled guilty to being a felon in possession of a firearm, unauthorized use of a vehicle and criminal mischief in the first degree. On the charge of being a felon in possession of a firearm, the court had originally imposed a downward departure sentence of 36 months' probation and then concurrent probation on the other two charges.

When defendant's probation was revoked, the court sentenced him on the first charge to an enhanced penalty of five years' imprisonment under ORS 161.610. The state concedes that the trial court erred in imposing a sentence under ORS 161.610. We agree.

Remanded for resentencing.


Summaries of

State v. Mooney

Oregon Court of Appeals
Oct 2, 1996
924 P.2d 875 (Or. Ct. App. 1996)
Case details for

State v. Mooney

Case Details

Full title:STATE OF OREGON, Respondent, v. BARRETT MICHAEL MOONEY, Appellant

Court:Oregon Court of Appeals

Date published: Oct 2, 1996

Citations

924 P.2d 875 (Or. Ct. App. 1996)
924 P.2d 875