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STATE v. GARCIA

92CR0909; CA A76292.

857 P.2d 207 (1993)

122 Or. App. 226

STATE of Oregon, Appellant, v. Gilbert John GARCIA, Respondent.

Court of Appeals of Oregon.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

DE MUNIZ, Judge.

The state appeals the 24-month term of imprisonment imposed for defendant's conviction of unlawful use of a weapon, a firearm. ORS 166.220. It argues that the court erred in failing to impose a 5-year gun-minimum prison term under ORS 161.610. We determine that we may not review the claim of error and affirm.

Defendant was convicted in a stipulated facts trial. Before trial, the court entered into a colloquy with defendant, beginning by stating...

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