State v. Sullivan

A jury found defendant guilty of two counts of sodomy in the first degree, ORS 163.405, and two counts of sodomy in the second degree, ORS 163.395. On appeal, defendant asserts that the trial court erred in denying his request for a jury instruction. Defendant argues that the state presented two theories about how the jury could find the required element of forcible compulsion — that is, physical force or a threat — to commit sodomy in the first degree, and the court should have instructed the jury that it had to agree on the theory for defendant’s guilt. Accordingly, defendant argues, the…