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STATE v. KYGER

(CC 17CR08793)(SC S068337).

506 P.3d 376 (2022)

369 Or. 363

STATE of Oregon, Respondent on Review, v. Scott William KYGER, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 25, 2022.

March 22, 2022.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet, Chief Defender.

Susan G. Howe, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, Garrett, and DeHoog, Justices.

During a single criminal episode, defendant cut the necks of two people with a razor blade. For that conduct, the state charged him with two counts of attempted aggravated murder under ORS 163.095 (2015)1 and ORS 161.405 (2015).2 ORS 163.095(1)(d) provides that one of the circumstances...

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