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State v. Hess

Oregon Court of Appeals
Jul 10, 1985
702 P.2d 1156 (Or. Ct. App. 1985)

Opinion

84-313; CA A33963

Argued and submitted May 29, 1985

Affirmed as modified July 10, 1985

Appeal from Circuit Court, Clackamas County.

Dale Jacobs, Judge.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Brenda J. Peterson, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.


PER CURIAM

Sentence modified; judgment affirmed as modified.


Defendant seeks a modification of the sentence he received for two convictions of first degree sexual abuse, ORS 163.425, which arose out of the same transaction. He contends that the trial court should not have imposed a separate sentence for each offense, because the two offenses should have been merged for sentencing purposes. The state concedes that, given the facts of this case, the imposition of two sentences was improper under State v. Garcia, 288 Or. 413, 605 P.2d 671 (1980). Accordingly, we modify defendant's sentence to a single five-year term with a two and one-half-year mandatory minimum.

Sentence modified; judgment affirmed as modified.


Summaries of

State v. Hess

Oregon Court of Appeals
Jul 10, 1985
702 P.2d 1156 (Or. Ct. App. 1985)
Case details for

State v. Hess

Case Details

Full title:STATE OF OREGON, Respondent, v. WILLIE FERN HESS, Appellant

Court:Oregon Court of Appeals

Date published: Jul 10, 1985

Citations

702 P.2d 1156 (Or. Ct. App. 1985)
702 P.2d 1156