State v. Thomas

In order to assess double jeopardy claims, the Court considered various factors, including whether the conduct involved in both offenses was continuous and uninterrupted, whether it was linked temporally and spatially, and whether it served a single criminal objective. State v. Wilder, 471 P3d 798 (2020).

Defendant appealed his conviction for unlawful use of a weapon, which followed a prosecution for felon in possession of a firearm. The incident occurred when an officer went to Defendant's residence after a witness to a shooting identified a white van at the shooting, and the officer suspected Defendant was involved. During a high-speed chase that ensued, the officer saw Defendant throw a handgun out of the window, which was later found to be the same caliber as the gun used in the shooting. Defendant was charged and convicted of felon in possession based on this evidence. On appeal, Defendant argued the trial court erred in denying his motion to dismiss on former jeopardy grounds under ORS 131.5515(2). The Court considered whether Defendant had met the burden of proving that each offense was part of the same criminal episode, as required under ORS 131.505(4). The Court considered whether the conduct comprising the offenses was continuous and uninterrupted, whether it was temporally and spatially linked, and whether it was designed to serve a single criminal objective. State v. Wilder, 471 P3d 798 (2020). The Court concluded that Defendant's conduct underlying the unlawful use of a weapon and felon in possession offense was continuous, uninterrupted, and directed at a single criminal objective of harming the victim.  Therefore, the trial court erred in concluding that the two offenses were separate criminal episodes. Vacated and remanded.