STATE v. TOOLEY

090331069, A148118.

333 P.3d 348 (2014)

265 Or. App. 30

STATE of Oregon, Plaintiff-Respondent, v. James Charles TOOLEY, aka James Tooley, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 20, 2014.


Attorney(s) appearing for the Case

Neil F. Byl , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Leigh A. Salmon , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


NAKAMOTO, J.

Defendant appeals from a judgment of conviction for two counts of aggravated murder, ORS 163.095(1)(d), and one count of solicitation to commit aggravated murder, ORS 161.435. In his first three of eight assignments of error, defendant challenges his aggravated murder convictions because the trial court's conclusion that he committed two murders "in the same criminal episode" was in error. Defendant also contends that, in light of OEC 401 and OEC 403...

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