- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 10-30-2019
- Case #: A163759
- Judge(s)/Court Below: Lagesen, P.J., for the Court; Haselton, S.J.; & James, J.
- Full Text Opinion
Defendant appealed a conviction of five counts of recklessly endangering another person (ORS. 163.195). Defendant assigned error to the sentencing court’s refusal to merge all five counts into the same crime because the indictment itself did not list each victim on an individual basis. On appeal, Defendant maintained this claim and argued his charge for five counts was an improper factual basis. Pursuant to ORS 161.067(2), "when the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims.’’ The Court determined the sentencing court properly construed the endangerment counts to encapsulate the separate victims.
Affirmed.