State v. Hardesty

In a consolidated petition, the state seeks review of two decisions of the Court of Appeals interpreting the statutory provision for imposing minimum terms of imprisonment on persons who use or threaten to use a firearm in the commission of a felony.

The statute in question provides that when a defendant has used or threatened to use a firearm during the commission of a crime, the court shall impose at least a minimum term of imprisonment “as provided in subsection (5) of this section.” ORS 161.610(4). Subsection (5) provides:

“(5) The minimum terms of imprisonment for felony convictions in…