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STATE v. KYGER

A165404.

471 P.3d 764 (2020)

305 Or. App. 548

STATE of Oregon, Plaintiff-Respondent, v. Scott William KYGER, Defendant-Appellant.

Court of Appeals of Oregon.

July 22, 2020.

Attorney(s) appearing for the Case

Anne Fujita Munsey , Deputy Public Defender, argued the cause for appellant. Also on the opening brief and a reply brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services. Scott W. Kyger filed the supplemental brief and a reply brief pro se.

Timothy A. Sylwester , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

This case presents the question whether an attempted aggravated murder charge based on the theory that the defendant had the objective of killing two or more persons in the same criminal episode is legally tenable. Defendant was a backseat passenger in a car when he punched another passenger and then drew a razor blade and attacked...

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