State v. Greeley

Defendant appeals his conviction by a jury for reckless driving, ORS 811.140. He asserts that the trial court’s concurrence instruction to the jury was inadequate, because the state presented evidence of two distinct factual occurrences to prove that defendant committed reckless driving, and the jury was not instructed that it must agree on which occurrence supported its verdict. We affirm.

We review a trial court’s refusal to give a requested instruction for errors of law in light of the facts that are most favorable to defendant. State v. Averitt, 187 Or App 486, 488, 68 P3d 269 (2003). At…