State v. Cheek

I dissent. Although I agree with the lead opinion’s analysis of the other issues, I would reverse and remand for a new trial because of the trial court’s failure to give defendant’s requested instruction defining “enterprise.” Unlike the majority, I believe that the requested instruction correctly states the law and that its absence may have affected the verdict.

To prove that defendant had violated ORS 166.720(3), the state had to prove both that he was employed by or associated with an enterprise and that he participated in that enterprise through a pattern of racketeering activity. ORICO is…