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STATE v. SMITH

91-930-CR, 91-931-CR, 91-932-CR; CA A72283 (Control), A72284, A72285.

842 P.2d 805 (1992)

116 Or. App. 558

STATE of Oregon, Respondent, v. Ross Sterling SMITH, Appellant.

Court of Appeals of Oregon.

Decided November 25, 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, Salem.

Jonathan H. Fussner, 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., Salem.

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

DE MUNIZ, Judge.

Defendant appeals from the sentences imposed on his convictions for sodomy in the first degree, rape in the first degree, attempted sexual abuse in the first degree, four counts of sexual abuse in the second degree and two counts of attempted sexual abuse in the second degree. ORS 163.405; ORS 163.375; ORS 163.427; ORS 163.425; ORS 161.405.

Because the state did not plead the offense subcategory factors, it concedes that the court erred in...

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