State v. Ferguson

ANDERSON, PAUL H., Justice

(dissenting).

I respectfully dissent. I disagree with the majority’s conclusion that a drive-by shooting at an occupied building is a victimless crime; rather, I conclude that all of the occupants of the targeted building are victims. Moreover, even if the majority is correct that the building’s occupants were not victims, I disagree with the majority’s assumption that the multiple-victim exception applies to a victimless crime. It does not. Therefore, I would affirm the result reached by the court of appeals.

Michael James Ferguson was convicted on one count of aiding…