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STATE v. FISHER

C84-07-33226; CA A35727.

721 P.2d 854 (1986)

80 Or. App. 45

STATE of Oregon, Respondent, v. Randy Denton FISHER, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted May 7, 1986.

Decided June 18, 1986.

Reconsideration Denied September 5, 1986.

Review Denied September 30, 1986.

Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Resubmitted In Banc May 7, 1986.

BUTTLER, Judge.

Defendant appeals the entry of separate convictions and separate consecutive sentences for rape, ORS 163.375, and aggravated murder, ORS 163.095(2)(d), following a jury verdict finding him guilty of aggravated murder, murder, rape in the first degree, attempted rape in the first degree and burglary in the first degree.1 He contends that the rape was an underlying element of the greater...

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