Summary
The Supreme Court of Oregon held that ORS 136.465 authorizes a jury to find a defendant guilty only of a lesser-included crime, not a lesser-included violation. Because careless driving is a traffic violation rather than a crime, the trial court properly declined to instruct the jury on careless driving as a lesser-included offense of reckless driving.
Holdings
- ORS 136.465 authorizes a jury to find a defendant guilty only of a lesser-included criminal offense, not a lesser-included violation. Because careless driving is a violation rather than a crime, the trial court properly refused the requested instruction.
Questions Presented
- Whether ORS 136.465 permits a jury to find a defendant guilty of a lesser-included violation when the charged offense is a crime.
- Whether the term "crime" in ORS 136.465 is limited by the definition in ORS 161.515 to offenses for which imprisonment is authorized.
Disposition
affirmed
Cases Cited (13)
- State v. Swanson, 237 Or. App. 508, 240 P.3d 63 (2010)(followed)
- State v. Gaines, 346 Or. 160, 171, 206 P.3d 1042 (2009)(followed)
- Holcomb v. Sunderland, 321 Or. 99, 105, 894 P.2d 457 (1995)(followed)
- Mastriano v. Board of Parole, 342 Or. 684, 696, 159 P.3d 1151 (2007)(followed)
- Easton v. Hurita, 290 Or. 689, 697, 625 P.2d 1290 (1981)(followed)
- Mattila v. Mason, 287 Or. 235, 250, 598 P.2d 675 (1979)(followed)
- Brown v. Multnomah County District Court, 280 Or. 95, 99-110, 570 P.2d 52 (1977)(followed)
- Enertrol Power Monitoring Corp. v. State of Oregon, 314 Or. 78, 84, 836 P.2d 123 (1992)(distinguished)
- State ex rel. Frohnmayer v. Oregon State Bar, 307 Or. 304, 308 n. 2, 767 P.2d 893 (1989)(distinguished)
- State v. Conger, 319 Or. 484, 493 n. 4, 878 P.2d 1089 (1994)(followed)
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