State v. Sargent

Defendant appeals his conviction for disorderly conduct. ORS 166.025(l)(a). The charge arose out of a fight between defendant and another man on a public sidewalk in Portland. The fight attracted a significant crowd of onlookers before it was broken up by police. Defendant maintains that the trial court failed to find, as a fact, one of the elements required to convict him. We agree and reverse.

The statute in question provides, in pertinent part,

“(1) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a…