State v. Phillips

Defendant appeals a judgment of conviction, after a jury verdict, of third- degree assault for intentionally causing injury to a person “[w]hile being aided by another person actually present.” ORS 163.165(l)(e). He argues, first, that the court erred by instructing the jurors that they could convict him of third-degree assault for aiding or abetting a co-assailant who hit the victim. He also argues that, under State v. Boots, 308 Or 371, 780 P2d 725 (1989), cert den, 510 US 1013 (1993), the trial court erred in rejecting his request to instruct the jury that, because there were two ways…