STATE v. PHILLIPS

Nos. CC 080431569, CA A140377, SC S059835.

317 P.3d 236 (2013)

354 Or. 598

STATE of Oregon, Respondent on Review, v. Jesse Jerome PHILLIPS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided December 27, 2013.


Attorney(s) appearing for the Case

Rankin Johnson , Portland, argued the cause and filed the brief for respondent on review.

Jamie K. Contreras , Assistant Attorney General, Salem, argued the cause for respondent on review. Greg Rios , Assistant Attorney General, filed the brief. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.


KISTLER, J.

A jury found defendant guilty of third-degree assault. See ORS 163.165(1)(e).1 The trial court's instructions permitted the jury to find defendant liable for that crime either as the principal or as an accomplice. Throughout this litigation, defendant has argued that, as a matter of statutory and constitutional law, the jurors had to agree on which role he played in the assault: Did he hit the victim or did he aid and...

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