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STATE v. LONGENECKER

97010090; A101347

27 P.3d 509 (2001)

175 Or. App. 33

STATE of Oregon, Respondent, v. Duane Rolland LONGENECKER, Appellant.

Court of Appeals of Oregon.

Decided June 27, 2001.

Attorney(s) appearing for the Case

James N. Varner argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Ann Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and CENICEROS, Senior Judge.

ARMSTRONG, J.

Defendant appeals a judgment of conviction for kidnapping, attempted murder, rape, sodomy, unlawful sexual penetration, and assault. He assigns error to his sentence based on ORS 137.700 (1995) and the sentencing guidelines, OAR 213-04-001 et seq. (1996). We vacate the sentence and remand for resentencing.

We state the facts in the light most favorable to the state. Just before midnight on January 15, 1997, defendant and two companions...

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