- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 01-29-2025
- Case #: A179045
- Judge(s)/Court Below: Powers, J. for the Court; Ortega, P.J.; & Hellman, J.
- Full Text Opinion
In Defendant’s trial for criminal mischief, the trial court did not instruct the jury as to the culpable mental state regarding the damaged property’s value. Defendant appealed, arguing that such an omission constituted plain error, warranting reversal.
Under State v. Shedrick, 370 Or 255, 518 P3d 559 (2022), in criminal mischief proceedings, failing to instruct the jury as to the “culpable mental state regarding the value of the property damaged” constitutes plain error.
Because the jury might have found that Defendant lacked the culpable mental state with regards to the damaged property’s value, and the instructional error’s gravity, the Court of Appeals exercised their discretion to correct the error.
“Conviction on Count 1 reversed and remanded; remanded for resentencing; otherwise affirmed.”