State v. Wakefield

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 07-05-2018
• Case #: A162917
• Judge(s)/Court Below: Aoyagi, J. for the Court; Hadlock, P.J.; & DeHoog, J.
• Full Text Opinion

Under ORS 163.195(1), reckless endangerment occurs when a defendant’s actions put another person within the “zone of danger” of a weapon or projectile. State v. Harbert, 155 Or App 137, 963 P2d 710, rev den, 327 Or 554 (1998).

Defendant appealed her conviction of reckless endangerment of another person. Defendant assigned error to the trial court’s denial of his motion for judgment of acquittal. On appeal, defendant argued there was insufficient evidence to establish that a person was at risk of physical danger when she shot a marble out of a slingshot at a bus shelter. The state argued there was sufficient evidence. Under ORS 163.195(1), reckless endangerment occurs when a defendant’s actions put another person within the “zone of danger” of a weapon or projectile. State v. Harbert, 155 Or App 137, 963 P2d 710, rev den, 327 Or 554 (1998).  The Court of Appeals held that there was no evidence that anyone was within the zone of danger of the marble. Reversed.

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