A138582 State v. Cufaude

Case Date: 11/25/2009
Docket No: 07CR0205A138582


FILED: November 25, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

ANDREW BENTON CUFAUDE,

Defendant-Appellant.

Josephine County Circuit Court
07CR0205
A138582

Pat Wolke, Judge.

Submitted on October 26, 2009.

Peter Gartlan, Chief Defender, Appellate Division, and Robin A. Jones, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

Before Rosenblum, Presiding Judge, and Brewer, Chief Judge, and Deits, Senior Judge.

PER CURIAM

Remanded for resentencing; otherwise affirmed.

PER CURIAM

Defendant was convicted of one count of first-degree sodomy, ORS 163.405(1)(b), and one count of attempted first-degree sexual abuse, ORS 163.427; ORS 163.405(2)(c).