State v. Wesley, 295 P.3d 1147

Defendant was convicted of multiple offenses in two consolidated cases arising from events on September 3 and September 4, 2009.
In the September 3 case, defendant was convicted of murder, attempted murder, unlawful use of a weapon, felon in possession of a firearm, and unlawful use of a vehicle.
In the September 4 case, defendant was convicted of second‑degree assault, assaulting a public safety officer, and second‑degree criminal mischief.
Key issues centered on whether transferred intent applies to murder, whether an eyewitness identification is admissible given possible suggestive police procedures, and an unpreserved challenge to a jury instruction on the natural and probable consequences of an accomplice’s actions.
The court held transferred intent doctrine remains part of Oregon law; ordered a remand for new hearing on identification under Lawson/James; and reversed/remanded the September 3 murder convictions for that issue, while affirming the remaining September 4 convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether transferred intent applies to murder under Oregon law	State argues doctrine persists post-1971 code	Defendant claims abolition of transferred intent by 1971 code	Transferred intent remains applicable to murder
Whether Anderson’s identification was admissible given suggestive procedure	Identification should be admitted; credibility is for jury	Identification tainted by suggestive procedure per Classen	Remand for new hearing under Lawson/James required
Whether the jury instruction on natural and probable consequences was preserved	Argument not preserved; trial/course of law	Issue preserved but not argued on appeal	Not reached due to preservation issue; treated as unpreserved

State v. Murray, 11 Or 413 (1884) (felony murder foundations for transferred intent)
State v. Grayson, 126 Or 560 (1928) (application of transferred intent in murder context)
State v. Johnson, 7 Or 210 (1879) (early recognition of transferred intent in Oregon)
Cannon v. Gladden, 203 Or 629 (1955) (proportionality concerns in punishment for related offenses)
State v. Rodriguez/Buck, 347 Or 46 (2009) (proportionality/merger considerations in murder jurisprudence)
State v. Alonzo, 249 Or App 149 (2012) (relevance to appellate review and preservation in criminal appeals)
State v. Lawson / James, 352 Or 724 (2012) (revised framework for eyewitness reliability; system/estimator variables; remand procedure)