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STATE v. HOEHNE

84-2557; CA A35406.

717 P.2d 237 (1986)

78 Or.App. 479

STATE of Oregon, Respondent, v. Chad Raymond HOEHNE, Appellant.

Court of Appeals of Oregon.

Decided April 9, 1986.

Attorney(s) appearing for the Case

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

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

Before GILLETTE, P.J., Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge, Pro Tem.

Defendant appeals his convictions on two counts of sodomy in the second degree, ORS 163.395, one count of DUII, former ORS 487.540,1 and one count of furnishing alcohol to a minor. ORS 471.410. He argues that (1) the court should have acquitted him of the sodomy charges because he proved an affirmative defense of reasonable mistake as to the age of the victim, and (2) the combined sentences on...

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