State v. Hess

Court of Appeals of Oregon

State v. Hess

702 P.2d 1156, 74 Or. App. 360, 1985 Ore. App. LEXIS 3626

CourtCourt of Appeals of Oregon

DecidedJuly 10, 1985

Docket84-313; CA A33963

StatusPublished

This text of 702 P.2d 1156 (State v. Hess) 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. Hess, 702 P.2d 1156, 74 Or. App. 360, 1985 Ore. App. LEXIS 3626 (Or. Ct. App. 1985).

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Opinion

PER CURIAM

Defendant seeks a modification of the sentence he received for two convictions of first degree sexual abuse, ORS 163.425, which arose out of the same transaction. He contends that the trial court should not have imposed a separate sentence for each offense, because the two offenses should have been merged for sentencing purposes. The state concedes that, given the facts of this case, the imposition of two sentences was improper under State v. Garcia, 288 Or 413, 605 P2d 671 (1980). Accordingly, we modify defendant’s sentence to a single five-year term with a two and one-half-year mandatory minimum.

Sentence modified; judgment affirmed as modified.

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PER CURIAM

Defendant seeks a modification of the sentence he received for two convictions of first degree sexual abuse, ORS 163.425, which arose out of the same transaction. He contends that the trial court should not have imposed a separate sentence for each offense, because the two offenses should have been merged for sentencing purposes. The state concedes that, given the facts of this case, the imposition of two sentences was improper under State v. Garcia, 288 Or 413, 605 P2d 671 (1980). Accordingly, we modify defendant’s sentence to a single five-year term with a two and one-half-year mandatory minimum.

Sentence modified; judgment affirmed as modified.

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Bluebook (online)

702 P.2d 1156, 74 Or. App. 360, 1985 Ore. App. LEXIS 3626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hess-orctapp-1985.

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