State v. Ford

Ford presented the same issue decided in State v. Kyger, where the Court determined that “[t]he occurrence of multiple deaths is required for the completed crime of aggravated murder, but it is not required for the inchoate crime of attempted aggravated murder.” 369 Or 363 (2022).

Defendant was indicted for two counts of attempted aggravated murder under ORS 163.095(1)(d). Defendant unsuccessfully demurred to those counts of the indictment. Defendant argued that the State’s theory was not viable for attempted aggravated murder because the death of “more than one murder victim” in the same criminal episode is a circumstance element of the crime defined in the statute. Defendant further argued that a circumstance element, unlike a conduct element, cannot be “attempted.” On appeal, defendant assigned error to the court’s denial of his demurrer, arguing that it resulted in prejudice. On review, the Court found that defendant’s argument that the state failed to allege a viable theory of attempted aggravated murder presented the same issue decided in State v. Kyger, where the Court determined that “[t]he occurrence of multiple deaths is required for the completed crime of aggravated murder, but it is not required for the inchoate crime of attempted aggravated murder.” 369 Or 363 (2022). As such, the Court determined that no error occurred, and it was unnecessary to address Defendant’s arguments concerning prejudice. Affirmed.