State v. Archuleta
This text of 832 P.2d 50 (State v. Archuleta) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendant was convicted on 2 counts of assault in the third degree, ORS 163.165, and sentenced to 2 concurrent 5-year gun minimum terms of imprisonment under ORS 161.610. The state concedes that that was error. As a matter of law, under ORS 161.610(4)(a), a sentencing court may not impose a second 5-year gun minimum sentence before a defendant has been punished by a first firearm minimum.
The state also concedes that the court erred in suspending 2 years of each sentence. Under ORS 161.610(5), a court may either suspend the execution of the entire gun minimum sentence or impose a lesser sentence. State v. Sarabia-Rendon, 111 Or App 647, 826 P2d 124 (1992).
Convictions affirmed; remanded for resentencing.
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Cite This Page — Counsel Stack
832 P.2d 50, 113 Or. App. 599, 1992 Ore. App. LEXIS 1323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-archuleta-orctapp-1992.