STATE v. RODRIGUEZ

91-03-5230-C; CA A70618.

833 P.2d 1343 (1992)

113 Or. App. 696

STATE of Oregon, Respondent, v. Trinidad RODRIGUEZ, Appellant.

Court of Appeals of Oregon.

Decided July 1, 1992.


Attorney(s) appearing for the Case

Kurt C. Bendixsen, Hermiston, argued the cause for appellant. With him on the brief was Reynolds & Bendixsen, P.C., Hermiston.

Timothy A. 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., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals from the upward departure sentence imposed after he was convicted of sexual abuse in the first degree. ORS 163.425. We remand for resentencing.

The charge arose from an incident in the spring of 1990 when defendant was allowed to spend the night with neighbors. During the night, defendant molested the six-year-old victim. The victim and her mother brought the complaint about one year later. At that time defendant...

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