State v. Jude Somerset Hardesty

Defendant was convicted of two counts of robbery in the first degree and one count of rape in the first degree. ORS 163.375; ORS 164.415. He was sentenced to 20 years imprisonment, with a five-year mandatory minimum under ORS 161.610 for use of a firearm, on each charge. The robbery sentences were concurrent, and the rape sentence was consecutive to the robbery sentences. On appeal, we held that defendant could receive only one mandatory minimum sentence under ORS 161.610, and the Supreme Court affirmed. State v. Hardesty, 68 Or App 591, 682 P2d 824, aff’d 298 Or 616, 695 P2d 569 (1985). On…