State v. Wehage
This text of 13 P.3d 165 (State v. Wehage) 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.
Opinion
Defendant was charged with four counts of Encouraging Sexual Abuse in the Second Degree, ORS 163.686, and one count of Attempted Sodomy in the Second Degree. ORS 163.395. After a trial to the court, he was convicted of two counts of Encouraging Sexual Abuse and one count of Harassment, ORS 166.065, as a lesser included offense of attempted sodomy. He appeals only the harassment conviction, arguing that that crime is not a lesser included offense of attempted sodomy. The state concedes that harassment is not a lesser included offense of attempted sodomy, at least under the indictment involved in this case, and therefore confesses error. We agree and therefore reverse the harassment conviction.
Conviction of harassment on count 5 of the indictment reversed; otherwise affirmed.
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Cite This Page — Counsel Stack
13 P.3d 165, 170 Or. App. 535, 2000 Ore. App. LEXIS 1732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wehage-orctapp-2000.