State v. Humphrey

McAllister, j.

The defendant was convicted of assanlt and robbery while armed with a dangerous weapon and sentenced to the penitentiary for 20 years pursuant to ORS 163.280. The jury found that when defendant committed the assault and robbery he was armed with a firearm capable of being concealed upon the person and the court imposed an additional term of five years in the penitentiary pursuant to ORS 166.230 to run consecutively. ORS 166.230 provides that the additional period of imprisonment shall commence upon the expiration of the sentence imposed for the principal crime and shall not run…