- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 03-18-2015
- Case #: A148005
- Judge(s)/Court Below: Duncan, P.J., for the Court; Nakamoto, J; & Schuman, S.J.
- Full Text Opinion
Defendant appealed contending erroneous jury instructions which indicated that one who aids or abets another with the intent to promote or facilitate a crime is criminally liable, not only for the intended crime, but for any other crimes that result as a “natural and probable consequence” of the intended crime. The state claims that Defendant did not preserve his challenge to the instruction and that the given instruction was not prejudicial to the defendant. This Court concluded that the challenge was preserved in light of previous decisions, both by this Court and the Oregon Supreme Court, which showed that the preservation of a challenge to jury instructions can still stand even if not in direct compliance with ORCP 59. This Court reasoned that the wrongful jury instruction was harmful because “if the jury found that defendant had aided or abetted in the robbery at knife point, it could have then found defendant guilty of the attempted murder and second-degree assault counts by reasoning that those crimes were natural and probable consequences of the robbery, without determining whether defendant actually intended to aid or abet in those more serious crimes.” Counts 1 and 3 Reversed and Remanded. Remanded for sentencing. Otherwise Affirmed.