State v. Crotsley

We allowed review in this case solely to interpret the first sentence of ORS 161.062(1):

“When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.”

The issue here is whether separate first and third degree convictions and sentences may be imposed for a single act of rape or sodomy. On the present facts, we hold that separate convictions and sentences may be imposed.

I

Defendant appealed convictions for third…