State v. Ventris

Defendant appeals from his convictions, following a trial to the court, on two counts of aggravated murder, ORS 163.095(2)(d), 1 one count of robbery in the first degree, ORS 164.415, and murder, ORS 163.115. 2 He assigns error to the trial court’s determinations regarding the admissibility of certain evidence. We conclude that the trial court erroneously excluded defendant’s evidence that another person, and not defendant, “personally and intentionally” committed the homicide and that that error necessitates a new trial on the aggravated murder charges only. Accordingly, we affirm…