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STATE v. SOSA

CR9500236; A132901.

199 P.3d 346 (2008)

224 Or. App. 658

STATE of Oregon, Plaintiff-Respondent, v. Gabriel Garcia SOSA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, argued the cause and filed the supplemental brief for appellant. With her on the opening brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

SERCOMBE, P.J.

Defendant appeals his convictions for first-degree rape, ORS 163.375, first-degree sodomy, ORS 163.405, and first-degree sexual abuse, ORS 163.427. He challenges only his sentences, arguing that the trial court incorrectly used the rape conviction to increase his criminal history score for purposes of sentencing him on the sodomy conviction. For the reasons that follow, we remand for resentencing and otherwise affirm.

In the summer of 1992,...

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