State v. Everett, 249 OrApp 139 (2012)

Holding:   “(A) person commits the crime of solicitation when that person solicits an intermediary to procure a third party to commit the intended crime so long as the intermediary is aware of that intended crime.”

1)   To discern the legislature’s intent, a Court first looks “at the text and context of the statute, and will consider legislative history if it appears useful to the court’s analysis.” citing State v. Gaines. at p. 143.

2)   The Commentary to Criminal Law Revision Commission’s Proposed Oregon Criminal Code, Final Draft and Report is central to divining the legislative history of the criminal statutes. at p. 145.

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