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94 Or. App. 341

State v. Morris

Court of Appeals of Oregon

Decided December 7, 1988

Court of Appeals of Oregon · decided 1988-12-07

Decided 1988-12-07

PER CURIAM

¶1Defendant 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.

¶2We reject defendant’s other assignments of error without discussion.

¶3Conviction affirmed; remanded for resentencing.

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