State v. Green

Defendant was found guilty in a trial to the court of rape in the first degree, ORS 163.375, and sentenced to ten years. On appeal he seeks reversal of the conviction, assigning as error denial of an opportunity to make a closing argument and failure to provide him with a copy of the presentence report. It is not necessary to recite the facts of the case. We affirm the conviction but remand for resentencing.

Defendant contends that Herring v. New York, 422 US 853, 95 S Ct 2550, 45 L Ed 2d 593 (1975), established the right to make a closing argument in a nonjury trial as a Sixth Amendment right…