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STATE v. SMITH

88C-21250 (counts I and VI), 88C-21250 (counts II and VII); CA A50669.

785 P.2d 1081 (1990)

100 Or.App. 284

STATE of Oregon, Respondent, v. Francis Lee SMITH, Appellant.

Court of Appeals of Oregon.

January 24, 1990.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Ann Kelley, Asst. Atty. Gen., Salem, for respondent.

Before ROSSMAN, P.J., and NEWMAN and EDMONDS, JJ.

ROSSMAN, Presiding Judge.

Defendant was charged in an eight-count indictment with rape and sodomy offenses occurring between May 15, 1985, and August 9, 1986. At defendant's request, the trial court severed various charges for trial, but all counts remained under the same trial court number. The first trial was held on October 14, 1988, and defendant was convicted on counts I and VI and sentenced to consecutive terms of imprisonment on November 22, 1988. Defendant...

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