State v. Garibay

722 Submitted December 30, 2019; in Case No. 17CR73083, conviction on Count 4 reversed, remanded for resentencing, otherwise affirmed; in Case No. 16CR43626, remanded for resentencing December 2, 2020 STATE OF OREGON, Plaintiff-Respondent, v. MARTIN GARIBAY, Defendant-Appellant. Marion County Circuit Court 17CR73083, 16CR43626; A167368 (Control), A167369

478 P3d 1006

Defendant was a prospect to join a certain gang. He and two gang mem- bers heard that three drunken men were at a particular location “talking a lot of smack.” They drove to the location to tell the men to leave, understanding…