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STATE v. STERLING

516 P.2d 87 (1973)

STATE of Oregon, Respondent, v. David Jay STERLING, Appellant.

Court of Appeals of Oregon.

Decided November 26, 1973.

Rehearing Denied December 20, 1973.

Review Denied February 12, 1974.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. On the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and TANZER, JJ.

LANGTRY, Judge.

Defendant was convicted in a jury trial of two counts of first degree rape, ORS 163.375; one count of first degree sodomy, ORS 163.405; and two counts of sexual abuse, ORS 163.425, all of which occurred in one episode in Clackamas County on October 29, 1972. Venue was changed to Lane County. The trial judge sentenced for the rapes and sodomy, holding that the sexual abuse offenses merged in the others.

The only error assigned on this appeal...

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