STATE v. LINK

(CC 01FE0371AB; CA A123223; SC S055516).

208 P.3d 936 (2009)

346 Or. 187

STATE of Oregon, Respondent on Review, v. Justin Alan LINK, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided May 7, 2009.


Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services, Legal Services Division.

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


WALTERS, J.

Defendant was a teenager when he and four friends stole a car belonging to one friend's mother, killed her to conceal the robbery, and drove to Canada. Although defendant took part in the preparations to commit the murder and encouraged and directed the others to shoot the victim, he was not physically present when, after three of his friends either refused or were unable to shoot her, the fourth fired the fatal shot. Defendant was charged with five counts...

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