- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 08-12-2015
- Case #: A154895
- Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen; & Flynn
Defendant appealed a conviction for first-degree criminal mischief. First-degree criminal mischief requires $1000 in intentional damage. Both the State and Defendant conceded at trial that first-degree criminal mischief had not been proven and asked for an instruction on the lesser-included offense of second-degree criminal mischief. The trial court gave an instruction on first-degree criminal mischief, and the jury found Defendant guilty on that count. On appeal, Defendant argued that the trial court erred, and the verdict should be reversed and remanded for acquittal. The State argued that the lesser offense of second-degree criminal mischief had been proven at trial, so the verdict should be reversed and remanded for entry of conviction for second-degree criminal mischief. The Court held that the trial court erred in giving the instruction on first-degree criminal mischief, and reversed and remanded for entry of conviction for second-degree criminal mischief.