State v. Leckenby

Defendant appeals his conviction for two counts of arson in the first degree, ORS 164.325, contending that the trial court erred in refusing to give a requested jury instruction on a lesser-included offense of reckless burning, ORS 164.335. We agree with defendant that the trial court erred and reverse.

On the evening of May 15, 2001, defendant was arrested for driving under the influence of intoxicants (DUII) and then released from custody. His girlfriend met him at the police station. They then went together to three different bars, where they had some drinks but also were refused service…