State v. Tooley

Defendant appeals from a judgment of conviction for two counts of aggravated murder, ORS 163.095(l)(d), and one count of solicitation to commit aggravated murder, ORS 161.435. In his first three of eight assignments of error, defendant challenges his aggravated murder convictions because the trial court’s conclusion that he committed two murders “in the same criminal episode” was in error. Defendant also contends that, in light of OEC 401 and OEC 403, the trial court erroneously allowed a prosecution witness to use a gun similar to the murder weapon as demonstrative evidence. Defendant…