STATE v. PARSONS

Nos. F31-21233C, 91-09-34396, 92-05-34915; CA A83600 (Control), A83601, A83602, A83694.

897 P.2d 1197 (1995)

135 Or.App. 188

STATE of Oregon, Respondent-Cross-Appellant, v. Ricky Lee PARSONS, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 21, 1995.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, argued the cause, for appellant-cross-respondent. With him on the briefs was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause, for respondent-cross-appellant. On the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Klapstein, Asst. Atty. Gen.

Before WARREN, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Defendant appeals his convictions for first degree sodomy, ORS 163.405, second degree sexual abuse, ORS 163.425, and conspiracy to commit rape, ORS 161.450 and ORS 163.375. The state cross-appeals, assigning error to the trial court's downward departure sentences on the convictions for sodomy and conspiracy to commit rape. We address only the state's cross-appeal and reverse.

Defendant's sentencing gridblock was 10 C,1

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