STATE v. BURGESS

(CC C080070CR; CA A139500; SC S059499).

287 P.3d 1093 (2012)

352 Or. 499

STATE of Oregon, Petitioner on Review, v. Clifton Cory BURGESS, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 11, 2012.


Attorney(s) appearing for the Case

Susan G. Howe , Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

David O. Ferry , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review. With him on the brief was Peter Gartlan , Public Defender.


DE MUNIZ, J.

Defendant was charged by indictment with (among other things) assault in the first degree under ORS 163.185. At trial, the state proceeded solely under the theory that defendant had aided and abetted his codefendant's initial assault on the victim. A jury found defendant guilty. On appeal, the Court of Appeals reversed defendant's first-degree assault conviction and remanded to the circuit court for further proceedings on the lesser charges of second...

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