STATE v. WALCH

(CC 041108; CA A127510; SC S055830).

213 P.3d 1201 (2009)

346 Or. 463

STATE of Oregon, Respondent on Review, v. Justin Keith WALCH, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided July 16, 2009.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for petitioner on review.

Joanna J. Jenkins, Assistant Attorney General, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.


BALMER, J.

The issue in this criminal case is whether evidence that defendant dragged the victim 15 feet and forced her into the trunk of a car is sufficient to show that defendant moved the victim "from one place to another" as that phrase is used in the kidnapping statute, ORS 163.225(1)(a), or if the state instead must prove that defendant moved the victim a "substantial distance." The trial court determined that the jury could have found that defendant had moved...

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