STATE v. HESS

84-313; CA A33963.

702 P.2d 1156 (1985)

74 Or.App. 360

STATE of Oregon, Respondent, v. Willie Fern HESS, Appellant.

Court of Appeals of Oregon.

Decided July 10, 1985.


Attorney(s) appearing for the Case

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

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

Defendant seeks a modification of the sentence he received for two convictions of first degree sexual abuse, ORS 163.425, which arose out of the same transaction. He contends that the trial court should not have imposed a separate sentence for each offense, because the two offenses should have been merged for sentencing purposes. The state concedes that, given the facts of this case, the imposition of two sentences was improper under State v. Garcia...

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