State v. Birchard

After his convictions for attempted murder and attempted robbery in Umatilla County, defendant was convicted and sentenced in Morrow County for attempted murder. He appeals from that judgment. His sentence included a mandatory minimum for the use of a gun, to be served consecutively to the Umatilla County sentences. Although the Umatilla County sentences, including a mandatory gun minimum, had been imposed, they had not been served. See State v. Birchard (A62159/60), 105 Or App 402, 804 P2d 1225 (1991).

The state asserts that the error was not prejudicial, but it concedes that the trial court…