- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-21-2011
- Case #: A142525
- Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P. J; & Nakamoto, J.
- Full Text Opinion
Defendant attacked the victim while being verbally encouraged by a companion who stood just behind the defendant. Defendant was convicted of four counts of assault, including assault in the third degree (Count 2). The trial court sentenced defendant to 96 months of imprisonment, including a presumptive sentence of 14 months on Count 2. Defendant sought reversal of his conviction and sentence on Count 2, arguing that the state failed to prove he was "aided" by another person actually present, because under Oregon law, verbal encouragement to the person committing the assault does not constitute aiding. The state responded that a defendant is "aided" if the person is "at hand, or within reach, sight or call during" the assault and "presented an added threat to the victim's safety." The Court of Appeals concluded that a jury could reasonably find that the defendant's companion encouraged defendant and therefore aided him in the assault. Affirmed.