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STATE v. REID

94C-20530; CA A87381.

915 P.2d 453 (1996)

140 Or. App. 293

STATE of Oregon, Respondent, v. Kenneth Frank REID, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1996.

Attorney(s) appearing for the Case

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

Paula Johnson Lawrence, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant was convicted of one count of sexual penetration in the second degree and two counts of sexual abuse in the first degree. ORS 163.408; ORS 163.427. The charges arose from defendant's abuse of his 12-year old daughter during visitations pursuant to a dissolution judgment. Defendant assigns error to the departure sentences imposed on the sexual abuse charges. We remand for resentencing.

The trial court based the departure sentences...

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