Legal Opinion

State v. Howe

Court of Appeals of Oregon

Decided September 13, 1976No. 75-5002, CA 5559PublishedCited by 10 opinions

1Opinion of the CourtSchwab, C. J.

Having been convicted of first degree robbery, defendant contends his enhanced sentence under ORS 166.230 was erroneous and that admission of certain evidence is reversible error.

There are four statutes relevant to the sentencing issue. ORS 166.230, in effect since 1925, provides in part:

"Any person who commits or attempts to commit any felony within this state while armed with any pistol, revolver, machine gun or other firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, upon conviction of the felony or of an attempt to commit the…

2Cases cited3 opinions

  1. State v. BlackerOregon Supreme Court · 1963
  2. State v. FitzgeraldCourt of Appeals of Oregon · 1973
  3. State v. HightowerCourt of Appeals of Oregon · 1974

3Cited by10 opinions

  1. State v. WedgeOregon Supreme Court · 1982
  2. State v. AngusUtah Supreme Court · 1978
  3. State v. WarnerCourt of Appeals of Oregon · 1981
  4. State v. DennyCourt of Appeals of Oregon · 1976
  5. State v. HicksCourt of Appeals of Oregon · 1979

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