¶1Defendant was convicted of attempted sodomy in the first degree, ORS 161.405(1),
¶2 On appeal defendant makes two assignments of error. The first — that there was no evidence of attempted "forcible compulsion” — is contrary to the record. The second — that the court exceeded its authority in directing the defendant to pay $3,000 to the victim — is correct. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976).
¶3Remanded for resentencing.
¶4"(1) A person is guilty of an attempt to commit a crime when he intentionally engages in conduct which constitutes a substantial step toward commission of the crime.” ORS 161.405.
¶5"(1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the first degree if:
"(a) The victim is subjected to forcible compulsion by the actor
"….” ORS 163.405.