Opinion · Court of Appeals of Oregon

State v. Ford

107 Or. App. 362

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1991-05-22
Topic
general

PER CURIAM Defendant 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. The 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.

Citator

UpLaw has not yet analyzed State v. Ford. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
PER CURIAM

Defendant 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.

The 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.

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