State v. Crosby

The issue in this criminal case is whether the trial court erred when it attempted to clarify a jury instruction defining the mental state required to convict defendant of the crimes at issue in this case. The Court of Appeals held that defendant failed to preserve any error because she did not object to the trial court’s original instruction defining the mental state “recklessly.” State v. Crosby, 204 Or App 75, 129 P3d 699 (2006). We reach a different conclusion. Accordingly, we reverse the Court of Appeals decision and the trial court’s judgment.

We state the facts of this case summarily.…