Court of Appeals of Oregon, 1988

State v. Morris

State v. Morris
Court of Appeals of Oregon · Decided December 7, 1988 · Graber, Riggs
94 Or. App. 341; 764 P.2d 982; 1988 Ore. App. LEXIS 2149

State v. Morris

Opinion of the Court

PER CURIAM

Defendant appeals his conviction for second degree sodomy and two charges of second degree sexual abuse, assigning as error the denial of his right to allocution at sentencing. The state concedes that the court erred in denying defendant this right. DeAngelo v. Scheidler, 306 Or 91, 757 P2d 1355 (1988). In order that defendant may exercise his right to be heard before sentencing, we remand for resentencing.

We reject defendant’s other assignments of error without discussion.

Conviction affirmed; remanded for resentencing.

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