State v. Hicks

Defendant was convicted of first degree robbery and first degree rape. He received an additional 10-year sentence on the rape conviction pursuant to ORS 166.230, which provides for such an enhanced penalty for felonies committed while armed, and pursuant to the jury’s special finding that "the defendant was in possession of a revolver” during the rape. The court had instructed the jury it could so find if defendant "physically possessed * * * a firearm, or if he had knowledge that an accomplice possessed the firearm.” Defendant contends ORS 166.230 should not be interpreted to permit…