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STATE v. SMITH

CC 91-930-CR, 91-931-CR, 91-932-CR; CA A82945 (Control), A82946, A82947; SC S42346.

918 P.2d 824 (1996)

323 Or. 450

STATE of Oregon, Respondent on Review, v. Ross Sterling SMITH, Petitioner on Review.

Supreme Court of Oregon.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause and filed the brief for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before CARSON, C.J., and GILLETTE, FADELEY, UNIS, GRABER and DURHAM, JJ.

GILLETTE, Justice.

In these three criminal cases, consolidated for the purposes of appeal, defendant was convicted of the following sexual offenses: Rape I, Sodomy I, and Attempted Sexual Abuse II (case 91-930-CR); Attempted Sexual Abuse I and Sexual Abuse II (case 91-931-CR); and Attempted Sexual Abuse II and three counts of Sexual Abuse II (case 91-932-CR). He initially was sentenced consecutively on the Rape I and Sodomy I counts in 91-930-CR, but concurrently...

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