State v. Clark

Defendant was convicted in a jury trial of first-degree burglary with a firearm, ORS 164.225, second-degree kidnapping with a firearm, ORS 163.225, two counts of first-degree robbery with a firearm, ORS 164.415, and two counts of menacing, ORS 163.190. At sentencing, the state requested the court to include in the judgment a finding that the sentences imposed on defendant’s burglary and robbery convictions are subject to the requirements of ORS 137.635. The court refused to do so and the state now appeals and assigns error to the trial court’s denial of its request.

ORS 137.635 provides, in…