State v. Pierce

Defendant appeals a judgment of conviction for, among other crimes, unauthorized use of a vehicle, ORS 164.135. On appeal, he asserts three assignments of error, two of which we reject without discussion. We write to discuss only defendant’s contention that the trial court erred by instructing the jury on elements of unauthorized use of a vehicle (UUV) that were not alleged in the indictment, in violation of Article VII (Amended), section 5, of the Oregon Constitution. For the reasons that follow, we reverse and remand.

We review the jury instructions for errors of law. State v. Rennells, 213…