State v. Thiehoff

Defendant appeals from a judgment of conviction, challenging the trial court’s imposition of a five-year minimum sentence pursuant to ORS 161.610. That statute provides for the imposition of a minimum sentence for felonies “having as an element the defendant’s use or threatened use of a firearm during the commission of the crime.” ORS 161.610(3) (emphasis added). Defendant asserts that the trial court improperly imposed the minimum sentence because defendant’s theory of the case and the jury instructions were such that the jury did not necessarily find that defendant personally used or…