- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-30-2015
- Case #: A153006
- Judge(s)/Court Below: Egan, J. for the Court; Armstrong, P.J.; & Nakamoto, J.
- Full Text Opinion
Defendant appealed a judgment of conviction for third-degree assault. He assigned error to the trial court’s failure to instruct the jury that it must concur on the facts establishing the elements of third-degree assault. Defendant did not request a jury concurrence before the trial court and the decision should have been reviewed for plain error. Defendant argued that the trial court plainly erred in failing to instruct the jury that it was required to concur on the factual basis for the elements of the charge of assault in the third degree. The State responded that the trial court did not err “because a defendant is entitled to a concurrence instruction only if he or she requests one, and defendant did not do so here.” The Court did not agree with the State's ridged interpretation, however, they still found for the State concluding that there was no plain error. Affirmed.