State v. Longenecker

Defendant appeals a judgment of conviction for kidnapping, attempted murder, rape, sodomy, unlawful sexual penetration, and assault. He assigns error to Ms sentence based on ORS 137.700 (1995) and the sentencing guidelines, OAR 213-04-001 et seq. (1996). We vacate the sentence and remand for resentencing.

We state the facts in the light most favorable to the state. Just before midnight on January 15, 1997, defendant and two compamons encountered D.F. outside a convenience store in Albany. One of the compamons, Kathy, was an acquaintance of D.F., and defendant had met D.F. a few weeks before at…