State v. Valerio

In this criminal case, defendant appeals, assigning error to the trial court’s jury instruction on accomplice liability. The instruction informed the jury that a defendant who aids or abets another person in the commission of a crime with the intent to promote or facilitate the crime is criminally liable not only for the crime, but also for any other crimes that were committed as a “natural and probable consequence” of the crime. Defendant argues that, under State v. Lopez-Minjarez, 350 Or 576, 260 P3d 439 (2011), the “natural and probable consequences” instruction was erroneous. The state…