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STATE v. BATEMAN

No. C 79-04-31161; CA 16589.

616 P.2d 1206 (1980)

48 Or.App. 357

STATE of Oregon, Respondent, v. Richard James BATEMAN, Appellant.

Court of Appeals of Oregon.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Daniel C. Lorenz, Portland, argued the cause and filed the brief for appellant. With him on the brief was Desmond D. Connall, P.C., Portland.

William F. Gary, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen. and Christian C. Van Dyke, Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant was convicted, after jury trial, of kidnapping in the second degree, ORS 163.225, sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree, ORS 163.425. On appeal, he assigns as error (1) the trial court's failure to "merge" the kidnapping conviction and sentence with the conviction and sentence for either sodomy or sexual abuse; (2) the trial court's failure to "merge" the sexual abuse and sodomy convictions; and (3...

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