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PER CURIAM After defendant’s plea of guilty to two charges of theft in the first degree, the trial court orally sentenced him to two consecutive five-year prison terms. The court said nothing about minimum terms of incarceration. However, the judgments purport to order that defendant serve a minimum of two and one-half years on each charge pursuant to ORS 144.110(1).
The state concedes that the minimum terms were not imposed and were included as the result of a scrivener’s error in drafting the judgments.
Judgments modified to delete the minimum sentence provisions; affirmed as modified.
Document Info
Docket Number: 10-84-03228, 10-84-03229; CA A33515, A33516
Citation Numbers: 1985 Ore. App. LEXIS 3212, 73 Or. App. 566, 699 P.2d 676
Judges: Newman, Richardson
Filed Date: 5/15/1985
Precedential Status: Precedential
Modified Date: 10/18/2024