State v. Gehring
542 P.2d 1040, 23 Or. App. 625
Procedural entryThis page is a short order in State v. Gehring. Read the opinion of the Court — 24 Or. App. 795 →
Opinion
Defendant appeals from one of three convictions resulting from a single trial — his conviction under Count III of the indictment for first degree kidnapping. Defendant argues the maximum conviction warranted by the evidence was second degree kidnapping, citing State v. Swaggerty, 15 Or App 343, 515 P2d 952 (1973).
The state concedes that Swaggerty is indistinguishable, and that the judgment of the trial court must be modified to reflect conviction for second degree kidnapping.
Affirmed as modified on Count III and remanded for resentencing thereon.
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State v. Gehring, 542 P.2d 1040, 23 Or. App. 625 (Or. Ct. App. 1975).
542 P.2d 1040 (State v. Gehring) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Swaggerty
515 P.2d 952 (Court of Appeals of Oregon, 1973)