State v. Velasquez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-28-2017
  • Case #: A158298
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Hadlock, C.J.; & DeHoog, J.
  • Full Text Opinion

A person could be guilty of initiating a false report under ORS 162.375 if a "sufficient nexus" exists between a defendant's statements and the initial false report.

 Defendant appeals a conviction for initiating a false report under ORS 162.375. Defendant assigned error to the denial of her motion for judgment of acquittal. She argued she did “initiate” as required by the statute because she was not the person who initiating the false statement, but merely supported false statements to police. The state contended that by “acting in concert with another person” she initiated a false report. The Court of Appeals examined the text and context of ORS 162.375 to find that the trial court did not err when it determined a “sufficient nexus between the initial contact” and the defendant’s statements existed to constitute initiating a false report. Affirmed.

 

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