State v. MACIEL-CORTES

Defendant was convicted, following a jury trial, of recklessly endangering another person. ORS 163.195. That statute provides that “[a] person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.” On appeal, defendant’s sole assignment of error is that the court impermissibly commented on the evidence in violation of ORCP 59 E when it instructed the jury that “[djriving under the influence of intoxicants is, itself, evidence that a person created a substantial risk…