State v. Shaffer

Defendant was convicted after a trial to a jury of second degree assault and first degree criminal mistreatment. ORS 163.175; ORS 163.205. He appeals the assault conviction only, arguing that the trial court erred by instructing the jury on the elements of second degree assault when the indictment alleged only fourth degree assault.1 The state concedes that, because of a scrivener’s error in the indictment, it failed to allege all of the elements of second degree assault.2 The trial court became aware of the mistake when defendant moved for a judgment of acquittal. It denied defendant’s…