State v. Cox ( 1976 )

PER CURIAM.

The defendant appeals on several grounds his convictions of rape, and kidnapping in the first degree. His only contention with which we agree, as does the state, is that under State v. Swaggerty, 15 Or App 343, 515 P2d 952 (1973), the evidence supports a finding of second degree, but not first degree, kidnapping.

Affirmed as modified and remanded for resentencing.