State v. Spieler

“The ‘court’s speaking verdict and other comments must be considered in context, taking into account the circumstances in which the court made its observations.’” State v. Reed, 299 Or App 675, 689, 452 P3d 995 (2019).

Defendant appealed a judgment of conviction for Attempted Assault in the Second Degree and Attempted Assault on a Public Safety Officer. On appeal, Defendant argued that there was insufficient evidence to prove he intended to injure the officers, rather, he was trying to escape apprehension, which would constitute a reckless mental state. In response, the State argued that when the Defendant made eye contact with both officers and then accelerated towards the officers, he intended to both get away and to injure the officers. “The ‘court’s speaking verdict and other comments must be considered in context, taking into account the circumstances in which the court made its observations.’” State v. Reed, 299 Or App 675, 689, 452 P3d 995 (2019). The Court held that, in context, Defendant intended to injure the officers when he accelerated the car directly towards the two officers. Affirmed.