State v. Martsch

*897Defendant appeals a judgment of conviction for failure to perform the duties of a driver, ORS 811.700 (Count 1); recklessly endangering another person, ORS 163.195 (Counts 2 and 3);1 reckless driving, ORS 811.140 (Count 4);2 and criminal mischief in the second degree, ORS 164.354 (Count 5).3

*1035Counts 2 through 5 required the state to prove that defendant had acted "recklessly" in committing the charged crimes. Defendant challenges his convictions on Counts 2 through 5 contending that there was insufficient evidence to support a finding that he had acted recklessly. The state concedes error on…