State v. Munoz-Juarez

Under ORS 167.067(1) and (2), where a defendant violates multiple statutory provisions or violates one statutory provision but involves multiple victims, there are separately punishable offenses.

Defendant Munoz-Juarez appealed a sentencing decision by the trial court to merge only one of two guilty verdicts for attempted murder into a guilty verdict for attempted aggravated murder. Defendant had gone to the home of a former gang affiliate, Jimenez, where Jimenez was present with his girlfriend, his daughter and two other men. Defendant banged on the front door, and the two other men exited out the back door, and confronted Defendant. Defendant pulled out a gun and fired at the two men, which prompted Jimenez to exit the front door and confront Defendant. Defendant fired toward Jimenez and broke a window, firing into the home where Jimenez had retreated. Defendant was convicted of multiple crimes, but on appeal argued only that the trial court erred in failing to merge both counts of attempted murder into the attempted aggravated murder charge. The Court held that the trial court did not err because, under ORS 167.067(1) and (2), where the same conduct or criminal episode violates two or more statutory provisions or alternatively violates one statutory provision but involves multiple victims, there are separately punishable offenses and the offenses do not merge. Affirmed.