State v. Cespedes-Rodriguez

After a bench trial, defendant was convicted of failure to perform the duties of a driver, ORS 811.700. Defendant appeals, arguing that the state produced insufficient evidence to disprove his choice of evils defense beyond a reasonable doubt. We conclude that the evidence was sufficient to disprove that defense and, accordingly, affirm.

We state the facts in the light most favorable to the state. State v. Baranovich, 241 Or App 280, 282, 249 P3d 1284, rev den, 350 Or 571 (2011). Defendant was driving in downtown Portland when he rear-ended and damaged a pedicab,1 causing its operator,…