121 Or. App. 659 855 P.2d 669

Submitted on record and briefs April 22,

convictions affirmed; remanded for resentencing July 14, 1993

STATE OF OREGON, Respondent, v. WILLIAM BELL, Appellant.

(90C-20539; CA A74244)

855 P2d 669

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

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the brief for respondent.

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

PER CURIAM

*660PER CURIAM

Defendant pleaded guilty to robbery in the first degree, ORS 164.415, robbery in the second degree, ORS 164.405, and burglary in the first degree. ORS 164.225. After determining the presumptive sentence for each charge under the sentencing guidelines, the court found defendant to be a dangerous offender and imposed a 30-year sentence under ORS 161.725. On the robbery in the first degree and the burglary charges, the court also imposed a mandatory minimum term of incarceration under ORS 144.110. The court “merged” the two robbery charges for sentencing.

Defendant argues that the court erred by imposing minimum terms under ORS 144.110. The state concedes that the court erred. State v. Serhienko, 111 Or App 604, 826 P2d 114 (1992). We accept that concession.1

Convictions affirmed; remanded for resentencing on robbery in the first degree and burglary in the first degree.

State v. Bell
121 Or. App. 659 855 P.2d 669

Case Details

Name
State v. Bell
Decision Date
Jul 14, 1993
Citations

121 Or. App. 659

855 P.2d 669

Jurisdiction
Oregon

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