Hale v. Belleque

The state and petitioner have each filed petitions for reconsideration of this court’s decision in Hale v. Belleque, 255 Or App 653,298 P3d 596 (2013), in which we determined that petitioner is entitled to post-conviction relief on two charges of first-degree burglary, but otherwise upheld petitioner’s convictions, including convictions for aggravated murder. We write to address each party’s contention, but adhere to our opinion.

At the end of the guilt phase of petitioner’s trial, the jury was instructed that a person who aids and abets another in committing a crime, “in addition to being a…