State v. Kyger

When a person takes “a substantial step toward murder of more than one person” during a single criminal episode, but is unsuccessful in killing anyone, that person has committed the crime of attempted aggravated murder. State v. Quintero, 110 Or App 247, 256-257, 823 P2d 981 (1991), modified on other grounds on recons, 114 Or App 142, 834 P2d 496 (1992), rev den, 314 Or 392 (1992).

Defendant appealed the denial of his motion in arrest of judgment after he was found guilty of two counts of attempted aggravated murder.  On appeal, Defendant argued that—although he took “a substantial step toward killing two or more people in a single criminal episode”—because he did not successfully kill anyone, he only committed attempted murder.  Defendant argued two cases undermined Quintero, which the State relied upon.  The State argued in response that Quintero controls and neither of the cases cited by Defendant undercut Quintero’s conclusion.  When a person takes “a substantial step toward murder of more than one person” during a single criminal episode, but is unsuccessful in killing anyone, that person has committed the crime of attempted aggravated murder.  State v. Quintero, 110 Or App 247, 256-257, 823 P2d 981 (1991), modified on other grounds on recons, 114 Or App 142, 834 P2d 496 (1992), rev den, 314 Or 392 (1992).  The Court found that the two cases cited by Defendant did not address the issue at hand, regarding the conduct required for “the crime of attempted aggravated murder.”  Further, Quintero is consistent with the Supreme Court’s interpretation of the attempt statute, ORS 161.405, and the legislature’s reasons for criminalizing attempts.  Thus, the Court held Defendant’s motion in arrest of judgment was correctly denied.  Affirmed.