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STATE v. FORD

(CC 17CR51634) (SC S068434).

506 P.3d 400 (2022)

369 Or. 382

STATE of Oregon, Respondent on Review, v. Kevin Clifford FORD, Jr., Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 25, 2022.

March 22, 2022.

Attorney(s) appearing for the Case

Jedediah Peterson , O'Connor Weber LLC, Portland, argued the cause and filed the brief for petitioner on review.

Susan G. Howe , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, Garrett, and DeHoog, Justices.

Defendant fired a gun at a vehicle with two occupants, neither of whom died. He was charged with, among other crimes, two counts of attempted aggravated murder under ORS 163.095(1)(d) (2015).1 He unsuccessfully demurred to those counts of the indictment, arguing that the state had not charged a viable theory...

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