State v. Wells

Defendant was convicted in Polk County of robbery in the third degree and attempted murder, committed on June 25,1985. He was later convicted in Marion County of robbery in the first degree, committed on June 15, 1985. Defendant appeals his sentence in Marion County, contending that the court lacked authority to impose a five-year “gun minimum” sentence pursuant to former ORS 161.610(5) (a) (now ORS 161.610(4)(a)), to run consecutively with a similar five-year minimum sentence imposed in Polk County.

In June, 1985, ORS 161.610 provided, in part:

“(4) Notwithstanding the provisions of ORS…