State v. Hooper

715 Argued and submitted September 30, 2020; conviction on Count 1 reversed and remanded, otherwise affirmed April 21, 2021 STATE OF OREGON, Plaintiff-Respondent, v. SHAWN LEE HOOPER, Defendant-Appellant. Linn County Circuit Court 16CR13141; A169210

487 P3d 428

Defendant appeals from a judgment of conviction for first-degree rape, ORS 163.375 (Count 1). On appeal, defendant argues that the trial court plainly erred when it failed to instruct the jury that, to convict him, the state had to prove that defendant had a culpable mental state when he engaged in sexual intercourse with the victim. In…