Opinion
940935853, 941137768; CA A88517 (Control), A88518 (Cases Consolidated).
Argued and submitted May 29, 1998.
Affirmed and remanded for resentencing July 22, 1998. Petition for review denied September 29, 1998 ( 327 Or. 554).
Appeal from Circuit Court, Multnomah County, David Gernant, Judge.
Sally L. Avera, Public Defender, and Eric Johansen, Deputy Public Defender, filed the brief for appellant.
Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Ann Kelley, Assistant Attorney General, filed the brief for respondent.
Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.
PER CURIAM
Convictions affirmed; remanded for resentencing.
Defendant appeals from a judgment convicting him of seven counts of rape in the first degree, two counts of kidnapping in the first degree, two counts of sex abuse in the first degree, and one count of sodomy in the first degree.
The state concedes, and we agree, that the trial court erred in sentencing defendant pursuant to ORS 137.635 on several of his convictions because defendant lacked the necessary qualifying convictions that trigger application of that statute. See State v. Weikert, 145 Or. App. 263, 929 P.2d 1070 (1996), rev den 325 Or. 45 (1997); State v. Allison, 143 Or. App. 241, 923 P.2d 1224, rev den 324 Or. 487 (1996). Defendant's remaining assignments of error do not merit discussion.
Convictions affirmed; remanded for resentencing.