State v. Davis

Defendant was convicted on two counts of first degree rape, ORS 163.375, six counts of first degree sodomy, ORS 163.405, and one count of first degree kidnapping. ORS 163.235. He appeals from the consecutive sentences imposed. We remand for resentencing.

Defendant first argues that the sentencing court failed to make the findings required under ORS 137.123(4) to impose consecutive sentences. State v. Racicot, 106 Or App 557, 809 P2d 726 (1991). Under ORS 137.123(4)(a), a court may impose a consecutive sentence if it finds that the criminal offense

“was not merely an incidental violation of a…