State v. Parks

Defendant appeals his conviction for assault in the second degree. ORS 163.175. The indictment charged defendant with assault in the second degree for “knowingly causing physical injury to Max Ansola, Jr., by shooting [him] with a hand gun, a deadly and dangerous weapon,” and with attempted murder for “intentionally attempting] to cause the death” of the same victim. ORS 163.115; 161.405. The jury found defendant guilty of assault and not guilty of attempted murder. We reverse the conviction and remand.

Defendant and Ansola had an acrimonious business and personal relationship. In November…