Opinion
C85-08-33369; C85-08-33370; CA A37973 (Control); CA A37974)
Argued and submitted June 30, 1986.
Conviction affirmed, remanded for resentencing July 30, 1986. Reconsideration denied September 5, 1986. Petition for review denied September 23, 1986 ( 302 Or. 35).
Appeal from Circuit Court, Multnomah County, Irving M. Steinbock, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Warden, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Judgments of conviction affirmed; remanded for resentencing.
In these consolidated criminal appeals, defendant appeals from judgments of conviction for two armed robberies, asserting that the trial court erred in denying his motion for judgments of acquittal and, in the alternative, imposing concurrent five-year minimum sentences under ORS 161.610. His first assignment is not well taken.
As to the second, the state concedes that only one minimum sentence may be imposed, pursuant to ORS 161.610, when a defendant is sentenced for separate crimes in a single sentencing proceeding. State v. Haywood, 73 Or. App. 6, 697 P.2d 977 (1975). However, the state suggests that we modify the trial court judgment and affirm it as modified. We cannot do that. State v. Allen, 301 Or. 35, 717 P.2d 1178 (1986); State v. Haywood, supra.
Judgments of conviction affirmed; remanded for resentencing.