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STATE v. GARNER

981296, 981307; A116412 (Control), A116413.

94 P.3d 163 (2004)

194 Or.App. 268

STATE of Oregon, Respondent, v. Anthony Scott GARNER, Appellant.

Court of Appeals of Oregon.

Decided July 21, 2004.

Attorney(s) appearing for the Case

Eric M. Cumfer, Senior Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director of Office of Public Defense Services, and Ingrid A. MacFarlane, Senior Deputy Public Defender.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Defendant appeals his conviction of two counts of aggravated murder. ORS 163.095(1)(e), (2)(e). Defendant asserts that the trial court erred in denying his motion for judgment of acquittal that challenged the sufficiency of the evidence with respect to both aggravating factors.1 We review the court's ruling for errors of law, viewing the evidence in the light most favorable to the state to determine whether any rational trier...

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