State v. Scatamacchia

31 Submitted September 14, affirmed December 7, 2022, petition for review denied March 30, 2023 ( 370 Or 827) STATE OF OREGON, Plaintiff-Respondent, v. ALAN DANIEL SCATAMACCHIA, Defendant-Appellant. Washington County Circuit Court 20CR22062; A174880

522 P3d 26

Defendant appeals from a judgment of conviction for assault in the second degree, ORS 163.175, among other crimes, assigning error to the jury instruc- tions about the requisite culpable mental states for that crime. Held: The instruc- tions were erroneous in light of State v. Owen, 369 Or 288,

505 P3d 953

(2022), but the error was harmless…