State v. Gehring

Court of Appeals of Oregon

State v. Gehring

542 P.2d 1040, 23 Or. App. 625

CourtCourt of Appeals of Oregon

DecidedDecember 15, 1975

DocketNo. 75-118-C-3, CA 4739

StatusPublished

This text of 542 P.2d 1040 (State v. Gehring) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gehring, 542 P.2d 1040, 23 Or. App. 625 (Or. Ct. App. 1975).

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Opinion

PER CURIAM.

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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PER CURIAM.

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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542 P.2d 1040, 23 Or. App. 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gehring-orctapp-1975.

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