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STATE v. BRISSETTE

572 P.2d 1068 (1977)

31 Or.App. 1243

STATE of Oregon, Respondent, v. Gerald Keith BRISSETTE, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1977.

Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and JOSEPH, JJ.

LEE, Judge.

Defendant appeals from a conviction of sexual abuse in the first degree (ORS 163.425)1 on the grounds of double jeopardy. Defendant also urges error based upon ORS 161.485(3).2 The state contends that defendant waived his double jeopardy rights by opposing its motion to consolidate the charges of attempted rape (ORS 163.375)3

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