Court of Appeals of Oregon, 1985

State v. Hess

State v. Hess
Court of Appeals of Oregon · Decided July 10, 1985 · Buttler, Rossman, Warren
74 Or. App. 360; 702 P.2d 1156; 1985 Ore. App. LEXIS 3626

State v. Hess

Opinion of the Court

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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