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STATE v. FERMAN-VELASCO

C952773CR; CA A95127.

971 P.2d 897 (1998)

157 Or. App. 415

STATE of Oregon, Respondent, v. Carlos Roberto FERMAN-VELASCO, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted September 16, 1998.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Tammy A. Hawkins, Certified Law Student.

Resubmitted En Banc September 16, 1998.

EDMONDS, J.

Defendant appeals from convictions of rape in the second degree, ORS 163.365, and sexual abuse in the first degree, ORS 163.427. Defendant was sentenced on each conviction to 75-months imprisonment pursuant to ORS 137.700 to be served concurrently and a post-prison supervision period of 10 years, less time served in prison. Defendant appeals, and we affirm.

In his first assignment of error, defendant...

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