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STATE v. CROSBY

(CC0112-38549; CA A120319; SC S53295).

154 P.3d 97 (2007)

342 Or. 419

STATE of Oregon, Respondent on Review, v. Karla CROSBY, Petitioner on Review.

Supreme Court of Oregon.

Decided March 1, 2007.

Attorney(s) appearing for the Case

Christina M. Hutchins, Assistant Attorney General, argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.

DE MUNIZ, C.J.

The issue in this criminal case is whether the trial court erred when it attempted to clarify a jury instruction defining the mental state required to convict defendant of the crimes at issue in this case. The Court of Appeals held that defendant failed to preserve any error because she did not object to the trial court's original instruction defining the mental state "recklessly." State v. Crosby, 204 Or.App. 75

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