STATE v. GREEN

No. C80-02-30601; CA 18070.

621 P.2d 67 (1980)

49 Or.App. 949

STATE of Oregon, Respondent, v. Patrick Case GREEN, Appellant.

Court of Appeals of Oregon.

Decided December 12, 1980.


Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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


ROBERTS, Judge.

Defendant was found guilty in a trial to the court of rape in the first degree, ORS 163.375, and sentenced to ten years. On appeal he seeks reversal of the conviction, assigning as error denial of an opportunity to make a closing argument and failure to provide him with a copy of the presentence report. It is not necessary to recite the facts of the case. We affirm the conviction but remand for resentencing.

Defendant contends that Herring...

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