State v. Lakeside

Defendant appeals his conviction of escape in the second degree, ORS 162.155. 1

At trial defendant raised the defense of lack of criminal responsibility per ORS 161.295. 2 Contrary to the wishes of defendant, the trial court instructed the jury that:

"Under the laws of this State, a defendant has the option to take the witness stand to testify in his or her own behalf. If a defendant chooses not to testify, such a circumstance gives rise to no inference or presumption against the defendant, and this must not be considered by you in determining the question of guilt or innocence.”

Defendant took…