State v. Thiesies

Defendant’s only contention in this criminal case is that the trial court erred in imposing a mandatory minimum sentence of five years under ORS 161.610. The question presented is the viability of our decision in State v. Owens, 58 Or App 739, 650 P2d 124 (1982), after the Supreme Court’s decision in State v. Wedge, 293 Or 598, 652 P2d 773 (1982).

Defendant was convicted of robbery in the first degree and sentenced to 14 years imprisonment. The court imposed a mandatory minimum sentence pursuant to ORS 161.610, even though the court made a specific finding that defendant had not personally…