State v. Keene

19 Argued and submitted July 17, 2020; conviction on Count 1 reversed, remanded for resentencing, otherwise affirmed January 12, 2022 STATE OF OREGON, Plaintiff-Respondent, v. MONICA R. KEENE, Defendant-Appellant. Polk County Circuit Court 18CR31649; A169671

505 P3d 418

After acquitting defendant of first-degree sexual abuse, the count with which she was charged, the trial court—on its own initiative and without notice to defendant—found her guilty of third-degree sexual abuse, a lesser-included offense. In doing so, the trial court erroneously identified and applied a culpable mental state of…