State v. Trueax

In this criminal case, defendant was convicted of sodomy in the second degree. We allowed the state’s petition for review to consider whether the Court of Appeals erred in reversing defendant’s conviction and in remanding for a new trial. State v. Trueax, 113 Or App 384, 830 P2d 213 (1992). We remand the case to the trial court with instructions to enter a judgment of conviction for the crime of sodomy in the third degree and for resentencing on count I of the indictment.

Count I in the indictment was captioned “Sodomy in the Second Degree.” However, the body of the indictment read as followed: