State v. Oneill

Defendant was convicted of escape in the third degree, ORS 162.145(1), for fleeing the custody of arresting officers. On appeal, she assigns error to the trial court’s refusal to give a jury instruction on the choice of evils defense when there was evidence that she perceived an imminent threat of sexual abuse by the officers. For the reasons that follow, we affirm.1

We review a trial court’s refusal to give a jury instruction for legal error and state the facts that support giving the instruction in the light most favorable to the party who requested it. State v. Nebel, 237 Or App 30, 32, 238…