State v. Hicks

After a jury trial, defendant was convicted of riot, ORS 166.015(1), and assault in the second degree. ORS 163.175. On appeal, he seeks reversal of the riot conviction, contending that there was insufficient evidence to convict him. We affirm.

The crime of riot is defined in ORS 166.015:

“ (1) A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm.”

Here, there is evidence that the victim, dressed as a gang member, approached…