STATE v. BENTON

A164057.

505 P.3d 975 (2022)

317 Or. App. 384

STATE of Oregon, Plaintiff-Respondent, v. Lynn Edward BENTON, Defendant-Appellant.

Court of Appeals of Oregon.

February 9, 2022.


Attorney(s) appearing for the Case

David Sherbo-Huggins , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Michael A. Casper , Assistant Attorney General, and Christopher A. Perdue , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Defendant appeals from a judgment of conviction for aggravated murder and attempted murder. A jury found defendant guilty of two counts of aggravated murder (Counts 1 and 2), two counts of conspiracy (Counts 6 and 7), and one count of attempted murder (Count 8), and the trial court merged the guilty verdicts on Counts 2, 6, and 7 into...

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