State v. Sosa

Defendant appeals his convictions for first-degree rape, ORS 163.375, first-degree sodomy, ORS 163.405, and first-degree sexual abuse, ORS 163.427. He challenges only his sentences, arguing that the trial court incorrectly used the rape conviction to increase his criminal history score for purposes of sentencing him on the sodomy conviction. For the reasons that follow, we remand for resentencing and otherwise affirm.

In the summer of 1992, defendant was living with a woman and her two daughters, eight-year-old A and five-year-old T. On one occasion, defendant took A to the doorway of her…