Oregon Appellate Court, July 29, 2020

by: Rankin Johnson • August 5, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

CRIMINAL EPISODES - Double jeopardy

A conviction for a hunting offense committed with a rifle did not provide former-jeopardy protection as to a felon-in-possession charge committed with a shotgun at the same time. Affirmed.

The court explained that, where there was evidence of different criminal acts, the fact that the evidence was found at the same time was not dispositive.

State v. Wilder 305 Or App 618 (July 29, 2020) (DeVore) (Yamhill County, Wiles)

RESTRAINING ORDERS - Contacts

Running away from the victim's brother, and thereby coming into contact with the victim, was not an actionable contact for purposes of the repeated contacts required for a stalking conviction. Reversed.

The court observed that, under the facts of the case, the defendant's flight did not necessarily indicate an intent to come into contact with the victim.

State v. Odneal 305 Or App 635 (July 29, 2020) (Tookey) (Clackamas County, Weber)

RECKLESS DRIVING - Sufficiency

Nearly hitting curb on the wrong side of the street after taking a sharp turn, combined with evidence of intoxication, was sufficient to prove reckless driving. Affirmed.

Aoyagi, dissenting, disagreed with the majority's view of the evidence, and would have held that the evidence was not sufficient to show that defendant created an actual risk.

State v. Brown 305 Or App 644 (July 29, 2020) (Kistler, Aoyagi dissenting) (Deschutes County, Ashby)