State v. Rodriguez-Reyes ( 2019 )

634
Submitted December 3, affirmed December 26, 2019
STATE OF OREGON,
Plaintiff-Respondent,
v.
ERIK ANTONIO RODRIGUEZ-REYES,
Defendant-Appellant.
Washington County Circuit Court
17CR70646; A167387
454 P3d 850
Theodore E. Sims, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Zachary Lovett Mazer, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and E. Nani Apo, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Powers, Judge, and
Sercombe, Senior Judge.
PER CURIAM
Affirmed.
Cite as 301 Or App 634 (2019) 635
PER CURIAM
Defendant appeals a judgment of conviction for
second-degree assault in violation of ORS 163.175 (Count 1);
assaulting a public safety officer in violation of ORS 163.208
(Count 2); and resisting arrest in violation of ORS 162.315
(Count 3). In his first four assignments of error, defendant
assigns error to the trial court’s instructions with respect
to the assault charges. In particular, he contends that the
court erred when it did not instruct the jury that it had to
find that defendant acted with a knowing mental state with
respect to the injury element of each the assault charges
and, failing that, that it erred when it did not instruct the
jury that it had to find that defendant acted with criminal
negligence with respect to the injury element of each of the
assault charges. We reject those assignments of error as
contrary to State v. Barnes, 329 Or 327, 986 P2d 1160 (1999).
We reject defendant’s remaining assignments of error with-
out further written discussion.
Affirmed.