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STATE v. GAYNOR

91CR0812FE; CA A74473.

880 P.2d 947 (1994)

130 Or. App. 99

STATE of Oregon, Respondent-Cross-Appellant, v. Stephen Phillip GAYNOR, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided September 7, 1994.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, argued the cause for appellant—cross-respondent. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for respondent—cross-appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Defendant appeals the denial of his motion for a judgment of acquittal on the charge of intentional murder. ORS 163.115(1)(a). In the alternative, he seeks a remand for resentencing. On cross-appeal, the state argues that the trial court should have imposed a life term of post-prison supervision, rather than a 36-month term. We affirm on appeal and on cross-appeal.

Defendant contends that because the state failed to prove that he intended...

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