State v. Penn
This text of 805 P.2d 755 (State v. Penn) 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 appeals his conviction for robbery in the first degree. The trial court imposed a minimum sentence of five years under ORS 161.610. The statute requires that minimum when a defendant is convicted of a felony “having as an element the defendant’s use or threatened use of a firearm.” ORS 161.610(4). The state concedes that the imposition of the minimum was error, because robbery in the first degree does not require the use or threatened use of a deadly weapon and defendant was not charged in the indictment with using or threatening to use a firearm. We accept the state’s concession.
The trial court properly denied defendant’s motion for judgment of acquittal.
Conviction affirmed; remanded for resentencing.
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Cite This Page — Counsel Stack
805 P.2d 755, 106 Or. App. 171, 1991 Ore. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-penn-orctapp-1991.