State v. Taylor

Defendant appeals his convictions for menacing and pointing a firearm at another. ORS 163.190; ORS 166.190. He assigns error to the trial court’s instructions to the jury. We review the correctness of jury instructions for errors of law, State v. Moore, 324 Or 396, 427, 927 P2d 1073 (1996), and reverse and remand for a new trial.

Defendant shared an apartment with two roommates. According to the state’s evidence, defendant was asleep in his bedroom at around 8:00 a.m. on July 10, 1999, when Phil Wahner entered the apartment. Wahner was at the apartment to give one of defendant’s roommates a…