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STATE v. HARVEY

85-3665-C-3, 85-3666-C-3; CA A38851 (Control), CA A38852.

728 P.2d 940 (1986)

82 Or.App. 595

STATE of Oregon, Respondent, v. Jack Bert HARVEY, Appellant.

Court of Appeals of Oregon.

Argued and Submitted September 30, 1986.

Reconsideration Denied January 16, 1987.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause, for appellant. With her on brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant was convicted of two counts of rape in the first degree, ORS 163.375, and two counts of sodomy in the first degree, ORS 163.405, for forcibly compelling his 14-year old son and 11-year old step-daughter to engage in sexual acts with each other. The court merged the sodomy convictions into the rape convictions charged in the same indictment for purposes of sentencing and sentenced defendant on the two convictions for rape in the first...

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