STATE v. SCOTT

20-02-15828; A121454.

117 P.3d 314 (2005)

200 Or. App. 715

STATE of Oregon, Respondent, v. Joseph Zachary SCOTT, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.


Attorney(s) appearing for the Case

Erin Galli Rohr and Chilton, Ebbett & Rohr, LLC filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.


PER CURIAM.

Defendant was convicted on five counts of sodomy in the third degree. ORS 163.385. The trial court imposed upward durational departure sentences on each conviction based on findings of unusual vulnerability of the victim and harm to the victim beyond what is ordinarily contemplated by the sentencing guidelines. The court also imposed consecutive sentences on three of the counts.

On appeal, defendant challenges only his sentences. He first argues...

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