State v. Moore

Defendant appeals his convictions for two counts of first-degree sodomy, ORS 163.405, and eight counts of first-degree sexual abuse, ORS 163.427. He assigns error to the trial court instructing the jury that first-degree sexual abuse is a lesser-included offense of first-degree sodomy. The state concedes that the trial court erred in instructing the jury that first-degree sexual abuse is a lesser-included offense of first-degree sodomy. We accept the state’s concession. We affirm in part and reverse in part.

At the time of the trial, State v. Dilts, 28 Or App 393, 396, 559 P2d 1326 (1977),…