State v. McBean

Summarized by:

  • 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

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.

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.

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