City of Beaverton v. Pack

Defendant appeals his conviction for failure to perform the duties of a driver, challenging the adequacy of the jury instructions delivered by the trial court. In particular, defendant contends that the trial court erroneously instructed the jury “that the state needed only to prove that defendant had a culpable mental state with respect to the occurrence of the collision and that no mental state applied to the damage element” of the crime. We disagree with the basic premise of defendant’s argument, viz., that the court instructed the jury that the state was not required to prove that…