State v. Allen

Defendant was tried and convicted in Marion County for conspiracy to commit aggravated murder. ORS 161.450. He argues that venue was proper only in Clackamas County because the evidence showed that he was in Clackamas County when he conspired by telephone with his co-defendant, who was in Marion County. We disagree and affirm.

Venue lies in the county “in which the conduct that constitutes the offense * * * occurred.” ORS 131.305(1). However, venue can exist in more than one county “[i]f conduct constituting elements of an offense * * * occur[s] in two or more counties.” ORS 131.315(1). If the…