State v. Lippert

Defendant was convicted after trial to the court of attempting to use a dangerous weapon, a firearm, ORS 166.220, and of being an exconvict in possession of a firearm. ORS 166.270. On the first charge the court imposed a five-year minimum term pursuant to ORS 161.610. On the other charge the court ordered defendant to serve five years probation to begin at the expiration of the sentence on the first charge. Defendant appeals, challenging only the sentences imposed.

His first assignment of error contends the court improperly enhanced the penalty on the first charge under ORS 161.610, because…