State v. Whitley

The defendant was indicted for arson in the first degree, ORS 164.325(l)(b). She was convicted of that charge in a jury trial. The Court of Appeals affirmed the conviction in a per curiam opinion remanding only for a hearing to determine the amount of attorney fees the defendant is required to pay. We allowed the defendant’s petition for review.

The indictment stated in pertinent part:

“The defendant on or about the 9th day of February, 1981, in the county aforesaid, acting in pursuance of a common intent with John Joseph Kaiser, did unlawfully and intentionally damage property by starting a…