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State v. Lotches12/29/2000
reviewed the sufficiency of the evidence on counts 5, 6, and 8. We conclude that there was sufficient evidence to support the convictions on those counts and that further discussion is not warranted. We turn to defendant's arguments with respect to count 3.
This court reviews a challenge to the sufficiency of the evidence solely to determine whether a rational factfinder, viewing the evidence in the light most favorable to the state, and accepting all reasonable inferences and credibility choices, could find the elements of the crime beyond a reasonable doubt.State v. Cunningham, 320 Or 47, 63, 880 P2d 431 (1994). The issue is not whether this court would have found defendant guilty beyond a reasonable doubt, but whether the evidence is sufficient for the jury to so find.Id.
Count 3 alleged that defendant killed Hall in an effort to conceal his identity as the perpetrator of the crime of attempted murder. With respect to that count, defendant argued to the trial court that, because he committed the attempted murder in broad daylight in front of numerous witnesses, the jury reasonably could not have inferred that he had murdered Hall in an effort to conceal his identity as the perpetrator of that crime.
The state responded that there was no evidence that any of the witnesses knew defendant's identity, and there was evidence that defendant was attempting to flee the scene of the attempted murder when he shot and killed Hall. From that, the state argued, the jury reasonably could infer that defendant was attempting to avoid capture and thereby attempting to conceal his identity when he killed Hall. We agree that the jury was entitled to draw the inference that the state described. Accordingly, we find sufficient evidence to support the conviction on count 3.
X. REMAINING ASSIGNMENTS OF ERROR
As noted, defendant makes several additional assignments of error. We have considered all of them and every argument made in support thereof. Any assignment of error or argument not discussed in this opinion either has been discussed by this court in previous cases and resolved against defendant, was not preserved on appeal, or is not well taken. Further discussion of the issues would not benefit the bench or bar. Accordingly, we hold that no error occurred as claimed in any of the remaining assignments of error.
The judgments of conviction for aggravated murder on counts 1 and 2 are reversed. The judgment of conviction for aggravated murder on count 3 and the sentence of death are affirmed. The case is remanded to the circuit court for further proceedings with respect to counts 1 and 2.
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