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STATE v. VENTRIS

(CC 96-1155; CA A110810; SC S49981).

96 P.3d 815 (2004)

337 Or. 283

STATE of Oregon, Respondent on Review, v. Joseph R. VENTRIS, Petitioner on Review.

Supreme Court of Oregon.

Decided August 19, 2004.

Attorney(s) appearing for the Case

Marc D. Blackman, Portland, and Kendra M. Matthews, of Ransom Blackman LLP, Portland, argued the cause and filed the brief for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent on review. Janet A. Metcalf filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, and BALMER, Justices.

BALMER, J.

In this criminal matter, we are asked to decide whether a finding under the aggravated murder statute, ORS 163.095(2)(d), that defendant personally and intentionally killed the victim requires us to conclude as a matter of law that a conviction for "murder" based on the same event necessarily is a conviction for intentional murder, ORS 163.115(1)(a), rather than for felony murder, ORS 163.115(1)(b). The question...

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