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STATE v. ST. JOHN

Nos. 91CR2444; CA A73366.

844 P.2d 947 (1993)

118 Or. App. 95

STATE of Oregon, Respondent, v. John William ST. JOHN, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Peter Gartlan, Deputy Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, C.J., and DEITS and RIGGS, JJ.

PER CURIAM.

Defendant was convicted on two counts of attempted rape, ORS 161.405; ORS 163.375, one count of sexual abuse in the first degree, ORS 163.427, and one count of attempted sexual abuse in the first degree. ORS 161.405; ORS 163.427. He contends that the court erred in the consecutive sentence imposed for Count 2, attempted rape, because it used the incorrect criminal history category. The state concedes that the court was incorrect in using category E. We...

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