State v. Rhoades

DEITS, J. pro tempore

This is a criminal case in which defendant was convicted of third-degree rape, ORS 163.355, and third-degree sodomy, ORS 163.385. Because defendant had twice previously been sentenced on convictions for felony sex crimes, his presumptive sentence for the current convictions was life imprisonment without the possibility of release or parole. ORS 137.719. The trial court, however, imposed a downward departure from that sentence, resulting in a term of 60 months’ incarceration. The state appeals the downward departure. ORS 138.060(1)(e). We reverse and remand for…