State v. Burgess

Defendant was charged by indictment with (among other things) assault in the first degree under ORS 163.185. At trial, the state proceeded solely under the theory that defendant had aided and abetted his codefendant’s initial assault on the victim. A jury found defendant guilty. On appeal, the Court of Appeals reversed defendant’s first-degree assault conviction and remanded to the circuit court for further proceedings on the lesser charges of second- and fourth-degree assault. State v. Burgess, 240 Or App 641, 251 P3d 765 (2011). We allowed the state’s petition for review to examine whether,…