State v. Castrejon

The state has petitioned for review of our opinion, 111 Or App 299, 826 P2d 68 (1992), which we treat as a petition for reconsideration. ORAP 9.15. We withdraw our opinion and affirm the conviction.

In our original opinion, we reversed because the trial court had failed to define “reasonable doubt”; instead, it gave this instruction:

“Now, the law presumes the defendant is innocent. The burden is upon the State to prove that the defendant is guilty beyond a reasonable doubt. Reasonable doubt means just that. After considering all of the evidence, if you have a reasonable doubt as to defendant’s…