State v. Delaney

Defendant appeals from a judgment of conviction of three counts of sodomy in the first degree. ORS 163.405. Defendant contends that the trial court erred in denying his motion for judgment of acquittal as to two of the counts, asserting that there was a material variance between the conduct alleged in the indictment and the state’s proof at trial. Defendant also assigns error to the imposition of Ballot Measure 11 sentences, ORS 137.700, on each of the three counts. We affirm.

In June 1996, defendant was arraigned on an information charging four counts of sodomy in the first degree. ORS…