State v. Miller

Defendant appeals a judgment of conviction for attempted murder (Count 1), ORS 163.115; attempted assault in the first degree (Count 2), ORS 163.185; unlawful use of a weapon (Count 3), ORS 166.220; failure to perform the duties of a driver when property is damaged (Count 5), ORS 811.700; and unlawful possession of a firearm (Count 6), ORS 166.250.1 Defendant assigns error to the trial court’s denial of his demurrer to the indictment based on improper joinder of charges. We conclude that Counts 5 and 6 were not properly joined in the indictment with Counts 1 through 3 and, thus, the trial…