State v. Charles

Defendant was charged with two counts of aggravated murder involving a double homicide at Klamath Falls and was convicted of both. The trial court merged the convictions and sentenced defendant to life imprisonment with a mandatory 30-year minimum sentence; in addition, the trial court imposed a five-year minimum sentence pursuant to ORS 161.610 because of defendant’s use of a firearm, which sentence was ordered to be consecutive to the mandatory 30-year minimum sentence.

On appeal, we modify the sentence to provide that the minimum five-year term run concurrently with the mandatory 30-year…