State Ex Rel. Juvenile Department v. Holloway

Child appeals from a judgment in which he was found to be within the jurisdiction of the juvenile court because of a finding that he had committed attempted murder. 1 Our review is de novo. ORS 419.561(4); State ex rel Juv. Dept. v. Knaak, 70 Or App 172, 173-74, 688 P2d 123 (1984). 2 We reverse.

This case involves what has come to be known as a gang-related drive-by shooting. The state pursued its case on two alternative theories. Child either fired the shots or aided and abetted another who fired the shots. 3 Child contends that the state failed to prove “any” of the elements of the offenses…