- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 04-20-2022
- Case #: A168388
- Judge(s)/Court Below: Lagesen, C.J. for the Court; James, P.J.; and Kamins J.
- Full Text Opinion
A jury convicted Defendant of hindering prosecution and reckless driving. Defendant was the getaway driver for an assault. Defendant argued that there was a lack of evidence to support a conviction of hindering prosecution and her motion for acquittal should have been granted. The State concedes the non-unanimous conviction must be remanded but not due to lack of evidence but because of the nonunanimous jury instruction. ORS 162.325(1), A person commits the crime of hindering prosecution if they assist a person who has committed a crime punishable as a felony. The Court found it was inferable that a person aids another when they are actually present and in close proximity to the person causing physical injury. Conviction on Count 1 reversed and remanded; remanded for resentencing; otherwise affirmed.