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167 Or. App. 156

State v. Peed

Court of Appeals of Oregon

Decided May 3, 2000

Court of Appeals of Oregon · decided 2000-05-03

Decided 2000-05-03

PER CURIAM

¶1Defendant appeals his convictions for several sexual crimes. On appeal, he demurs, for the first time, to counts 1 and 2 on the ground that the indictment fails to state a crime. See State v. Young, 161 Or App 507, 509-12, 985 P2d 835 (1999), rev den 329 Or 590 (2000) (a defendant may demur to the indictment, for failure to state a crime, for the first time on appeal). The state concedes error, and we agree.

¶2Defendant’s other arguments do not require discussion.

¶3Judgments of conviction and sentence on counts 1 and 2 reversed; otherwise affirmed.

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