# State v. Birchard

> Court of Appeals of Oregon · January 23, 1991 · 105 Or. App. 402

URL: https://www.frixlaw.com/law-library/cases/6938536

## Case

- **Full name:** STATE OF OREGON v. JAMES THOMAS BIRCHARD
- **Court:** Court of Appeals of Oregon
- **Decided:** January 23, 1991
- **Citations:** 105 Or. App. 402; 804 P.2d 1225; 1991 Ore. App. LEXIS 121
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Edmonds, Riggs, Warren
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6938536

## Opinion text

PER CURIAM
Defendant was charged and convicted in Umatilla County for attempted murder and attempted first degree robbery. At the sentencing on those convictions, the trial court imposed two mandatory minimum five-year sentences for the use of a gun under ORS 161.610. The state concedes that the trial court erred in imposing the second “gun minimum.” State v. Haywood, 73 Or App 6 , 697 P2d 977 (1985). We agree. See State v. Birchard (A62487), 105 Or App 400 , 804 P2d 1224 (1991).
Although the sentences imposed were concurrent and no error was preserved, there may be collateral consequences as a result of imposition of the second five-year minimum. Therefore, we remand for resentencing. State v. Brown, 310 Or 347 , 800 P2d 259 (1990).
There is no merit in defendant’s other assignments of error.
Convictions affirmed; remanded for resentencing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6938536. Public record. Not legal advice.