State v. Hernandez

Court of Appeals of Oregon

State v. Hernandez

95 P.3d 732, 194 Or. App. 490, 2004 Ore. App. LEXIS 926

CourtCourt of Appeals of Oregon

DecidedAugust 4, 2004

DocketC021103CR; A120054

StatusPublished

This text of 95 P.3d 732 (State v. Hernandez) 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.

Bluebook

State v. Hernandez, 95 P.3d 732, 194 Or. App. 490, 2004 Ore. App. LEXIS 926 (Or. Ct. App. 2004).

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Opinion

PER CURIAM

Defendant appeals his convictions and sentences on multiple counts of robbery and kidnapping, as well as unauthorized use of a vehicle. The trial court imposed gun minimum sentences pursuant to ORS 161.610 on the robbery convictions. Defendant contends that no evidence in the record supports a conclusion that he personally used or threatened to use a firearm in the commission of those offenses. The state agrees and concedes error. We accept that concession. See State v. Thiehoff, 169 Or App 630, 635-36, 10 P3d 322 (2000), rev den, 332 Or 137 (2001) (“if a minimum sentence is to be imposed pursuant to ORS 161.610, the finder of fact must first determine that the defendant personally used or threatened to use a firearm”). We reject without discussion defendant’s remaining assignments of error.

Convictions affirmed; remanded for resentencing.

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PER CURIAM

Defendant appeals his convictions and sentences on multiple counts of robbery and kidnapping, as well as unauthorized use of a vehicle. The trial court imposed gun minimum sentences pursuant to ORS 161.610 on the robbery convictions. Defendant contends that no evidence in the record supports a conclusion that he personally used or threatened to use a firearm in the commission of those offenses. The state agrees and concedes error. We accept that concession. See State v. Thiehoff, 169 Or App 630, 635-36, 10 P3d 322 (2000), rev den, 332 Or 137 (2001) (“if a minimum sentence is to be imposed pursuant to ORS 161.610, the finder of fact must first determine that the defendant personally used or threatened to use a firearm”). We reject without discussion defendant’s remaining assignments of error.

Convictions affirmed; remanded for resentencing.

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Bluebook (online)

95 P.3d 732, 194 Or. App. 490, 2004 Ore. App. LEXIS 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hernandez-orctapp-2004.

Opinion

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