State v. Acklin

This case presents a sentencing issue under the provisions of ORS 161.610, the so-called “gun minimum” statute.1 Because the trial court misinterpreted the application of that statute, we remand for resentencing.

Defendant was originally charged with the Class B felony of assault in the second degree involving the use of a deadly weapon, a .22 rifle. ORS 163.175. He entered a plea of no contest to the lesser included Class C felony of assault in the third degree. ORS 163.165. The trial court imposed a five-*249year sentence with a two and one-half year minimum, pursuant to ORS 144.110. The court…