Public-domain · open source
OpenJurist

107 Or. App. 362

State v. Ford

Court of Appeals of Oregon

Decided May 22, 1991

Court of Appeals of Oregon · decided 1991-05-22

Applies OR 161 § 161.605 · OR 163 § 163.405 · OR 163 § 163.425

Decided 1991-05-22

PER CURIAM

¶1Defendant appeals his convictions for sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree. ORS 163.425. We affirm the convictions and write only to address an error in sentencing.

¶2The court imposed a sentence of 20 years incarceration on each conviction, to be served concurrently. Defendant points out, and the state agrees, that sexual abuse in the first degree is a class C felony, ORS 163.425(2), for which the maximum incarceration is 5 years. ORS 161.605(3). The 20-year sentence imposed exceeds the maximum allowed by law.

¶3Sentence for sexual abuse in the first degree vacated; remanded for resentencing on that charge; otherwise affirmed.

/107/orapp/362 · .json · Public domain