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STATE v. GARCIA

TC C 78-01-00208; CA 11307; SC 26150.

605 P.2d 671 (1980)

288 Or. 413

STATE of Oregon, Respondent, v. Konrad Neal GARCIA, Petitioner.

Supreme Court of Oregon, In Banc.

Decided January 22, 1980.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief were Gary D. Babcock, Public Defender, and Patricia Burnett, Law Clerk, Salem.

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

LENT, Justice.

The defendant was charged with rape in the first degree, ORS 163.375; kidnapping in the first degree, ORS 163.235; and three counts of sodomy in the first degree, ORS 163.405. All of the charges arose out of conduct involving the same victim in Portland, Oregon on January 8, 1978. A jury found the defendant guilty on all five counts. The trial court sentenced the defendant to maximums of 20 years on the rape charge, 20 years on the kidnapping charge...

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