State v. Benson

Defendant appeals a judgment of conviction for harassment. ORS 166.065 (2007). He contends that the trial court erred when it caused him to invoke his right to remain silent in the presence of the jury by asking him if he understood that he had a constitutional right to testify and was choosing not to do so. We reverse and remand.

The pertinent facts are undisputed. Ferrell, an employee of Home Depot, assisted defendant for approximately four hours while defendant was shopping in the store. Over that time, defendant made numerous obscene comments and jokes directed at Ferrell and her coworker.…