State v. Gaines

The defendant appeals from his conviction for two counts of attempted murder, ORS 163.115, 161.405, and one count of recklessly endangering another person, ORS 163.195. The circuit court sentenced defendant to a term of imprisonment not to exceed 20 years on one attempted murder count and 10 years on the other, to run consecutively. On the count of recklessly endangering another person, he was fined $1,000.

The defendant assigns as error the following instruction to the jury on a theory of reckless attempted murder:

"Although the Information charges only that the defendant intentionally…