State v. Walker

Defendant appeals his conviction for robbery in the first degree with a firearm. ORS 164.415. He argues that the court was without authority under ORS 137.635 to deny eligibility for parole, temporary leave or reduction in his prison term. We have answered that argument contrary to his position. State v. Shafer, 116 Or App 667, 843 P2d 462 (1992); State v. Haydon, 116 Or App 347, 842 P2d 410 (1992).

Defendant is correct that the court erred in imposing both a presumptive sentence of 65 months and a 120-month minimum as an enhanced penalty for use of a firearm. ORS 161.610; State v. Stalder,…