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STATE v. HOLLAND

No. 10-79-00727; CA 14482.

616 P.2d 1211 (1980)

48 Or.App. 367

STATE of Oregon, Respondent, v. Harold Jake HOLLAND, Appellant.

Court of Appeals of Oregon.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Thomas L. Fagan, Eugene, argued the cause and filed the brief for appellant. With him on the brief was Fagan & Hoffman, P.C., Eugene.

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 Robert C. Cannon, Asst. Atty. Gen., Salem.

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

CAMPBELL, Judge.

Defendant was convicted, after trial by jury, of sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree, ORS 163.425. He was sentenced by the trial court to ten years for sodomy and five years for sexual abuse, the sentences to run concurrently. We set aside the conviction for sexual abuse and remand for resentencing on sodomy.

Defendant first contends that the trial court...

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