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STATE v. CROCKRELL

10-91-08474; CA A73594.

844 P.2d 239 (1992)

117 Or. App. 357

STATE of Oregon, Respondent, v. Wesley Raymond CROCKRELL, Appellant.

Court of Appeals of Oregon.

Decided December 23, 1992.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy L. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen. and Virginia L. Linder, Sol. Gen.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Defendant was convicted of rape in the first degree and sexual abuse in the first degree. ORS 163.375; ORS 163.427. He argues that the court erred in first sentencing him on the sexual abuse conviction and then using that conviction to increase his criminal history score on the rape conviction. The state concedes that, under State v. Seals, 113 Or.App. 700, 833 P.2d 1344 (1992...

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