State v. Ford

Court of Appeals of Oregon

State v. Ford

812 P.2d 13, 107 Or. App. 362, 1991 Ore. App. LEXIS 812

Court of Appeals of Oregon·Decided May 22, 1991·No. C89-04-32059; CA A63025·Published·Cited by 2 cases

Opinion

PER CURIAM

Defendant appeals his convictions for sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree. ORS 163.425. We affirm the convictions and write only to address an error in sentencing.

The court imposed a sentence of 20 years incarceration on each conviction, to be served concurrently. Defendant points out, and the state agrees, that sexual abuse in the first degree is a class C felony, ORS 163.425(2), for which the maximum incarceration is 5 years. ORS 161.605(3). The 20-year sentence imposed exceeds the maximum allowed by law.

Sentence for sexual abuse in the first degree vacated; remanded for resentencing on that charge; otherwise affirmed.

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PER CURIAM

Defendant appeals his convictions for sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree. ORS 163.425. We affirm the convictions and write only to address an error in sentencing.

The court imposed a sentence of 20 years incarceration on each conviction, to be served concurrently. Defendant points out, and the state agrees, that sexual abuse in the first degree is a class C felony, ORS 163.425(2), for which the maximum incarceration is 5 years. ORS 161.605(3). The 20-year sentence imposed exceeds the maximum allowed by law.

Sentence for sexual abuse in the first degree vacated; remanded for resentencing on that charge; otherwise affirmed.

State v. Ford, 812 P.2d 13, 107 Or. App. 362, 1991 Ore. App. LEXIS 812 (Or. Ct. App. 1991).

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Opinion

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