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Oregon Appellate Court, October 21, 2020

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by: Rankin Johnson • October 22, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

SENTENCING - Merger

Pointing a firearm at another and menacing do not merge. Affirmed.

The court reversed and remanded for resentencing because the court imposed fines in excess of the statutory maximum.

State v. Rice 307 Or App 274 (October 21, 2020) (Lagesen) (Clackamas County, Rastetter)

JURY INSTRUCTIONS - Conspirators, accomplices, and codefendants

Trial court erred by instructing jury that the offense of initiating a false report could be committed "in concert" without explaining how the defendant could be liable for the conduct of another. Reversed.

Defendant reported a fictitious crime to his mother, who reported it to the police. When police investigated, defendant repeated his false story. But the jury instruction did not explain what sort of concerted behavior would suffice for a conviction.

State v. Morales 307 Or App 280 (October 21, 2020) (Lagesen) (Multnomah County, Roberts)

SEARCH AND SEIZURE - Search incident to arrest

Police properly searched a sunglass case found in defendant's pocket after arresting him for trespassing in a vehicle, because it might have contained tools for breaking into a vehicle. Affirmed.

State v. Curtis 307 Or App 297 (October 21, 2020) (Lagesen) (Washington County, Wipper)

SELF-INCRIMINATION - Invocation of right to counsel

Defendant's equivocal invocation of the right to counsel required neutral clarifying questions before interrogation continued. Reversed.

State v. Joaquin 307 Or App 314 (October 21, 2020) (Kamins) (Lane County, McAlpin)

EVIDENCE - Hearsay

Text printed on side of gun by manufacturer, readable in photographs received in evidence, was not inadmissible hearsay because the photographs were not offered to prove the truth of the text. Affirmed.

The court explained that non-hearsay is not converted to hearsay by the risk of the jury drawing an improper inference.

State v. Hixson 307 Or App 333 (October 21, 2020) (Kamins) (Multnomah County, Herranz)