State v. Rodriguez

Defendant appeals from the upward departure sentence imposed after he was convicted of sexual abuse in the first degree. ORS 163.425. We remand for resentencing.

The charge arose from an incident in the spring of 1990 when defendant was allowed to spend the night with neighbors. During the night, defendant molested the six-year-old victim. The victim and her mother brought the complaint about one year later. At that time defendant was serving a prison term for another conviction for sexual abuse involving a six-year-old child.

The trial court imposed an upward departure sentence, in part…