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STATE v. GUAYANTE

10-88-04449; CA A49646.

783 P.2d 1030 (1989)

STATE of Oregon, Respondent, v. Joseph Arthur GUAYANTE, Appellant.

Court of Appeals of Oregon.

Decided December 13, 1989.

Reconsideration Denied February 23, 1990.

Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals his convictions on one count of sexual abuse and two counts each of attempted rape and sodomy. ORS 163.415; ORS 163.365; ORS 163.395. He assigns error to the trial court's failure to merge, sua sponte, the sexual abuse conviction into the attempted rape and sodomy convictions and, also, to the imposition of consecutive sentences. We affirm.

We will usually not consider an error that was not preserved in the trial court...

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