STATE v. ERICKSON

03FE0823ST; A123652.

134 P.3d 1114 (2006)

205 Or. App. 555

STATE of Oregon, Respondent, v. Thomas Gerald ERICKSON, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2006.


Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.


PER CURIAM.

After a jury trial, defendant was convicted of four counts of first-degree sodomy, ORS 163.405, five counts of sexual abuse, ORS 163.425, and one count of attempted rape, ORS 161.405 and ORS 163.375. On appeal, defendant challenges his sentences. We vacate and remand for resentencing but otherwise affirm.

On one of the convictions, the trial court imposed an upward departure sentence based on its findings that the victim was particularly vulnerable...

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