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STATE v. HEGSTROM

95C-21452; CA A91791.

936 P.2d 371 (1997)

147 Or. App. 344

STATE of Oregon, Respondent, v. David Bruce HEGSTROM, Appellant.

Court of Appeals of Oregon.

Decided March 26, 1997.

Review Denied July 1, 1997.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

David B. Thompson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

PER CURIAM.

Defendant was convicted of rape in the first degree (count 1, ORS 163.375), sodomy in the first degree (count 2, ORS 163.405) and two counts of sexual abuse in the first degree (counts 3 and 4, ORS 163.427). Defendant assigns error to the trial court's application of ORS 137.635 to his sodomy conviction. That statute provides that, when a court sentences a convicted defendant on any of a list of enumerated felonies, and that defendant "has previously been...

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