State v. Fox

In our previous opinion, we affirmed defendant’s conviction for kidnapping in the first degree, ORS 163.235, reversed his conviction for attempted sodomy in the first degree, ORS 163.405, and remanded for a new trial. 109 Or App 53, 818 P2d 942 (1991). The state petitions for review of that part of our decision reversing defendant’s attempted sodomy conviction. We treat the petition as one for reconsideration, ORAP 9.15, and allow it. We modify our decision and affirm defendant’s conviction for attempted sodomy.

Defendant was convicted of attempted sodomy in the first degree, kidnapping in the…