State v. West , 314 Or. App. 478 ( 2021 )

478
Submitted July 23, affirmed September 9, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
HENRY SAMUEL WEST,
Defendant-Appellant.
Marion County Circuit Court
18CR13803; A171715
495 P3d 217
J. Channing Bennett, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Brett J. Allin, 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 James, Presiding Judge, and Kamins, Judge, and
Kistler, Senior Judge.
PER CURIAM
Affirmed.
Cite as 314 Or App 478 (2021) 479
PER CURIAM
Defendant appeals a judgment of conviction for reck-
lessly endangering another person, arguing that the trial
court plainly erred by failing to sua sponte instruct the jury
that it must agree as to which of several driving maneuvers
formed the basis of its verdict, and which of several other
drivers on the road were endangered by that conduct. We
affirm.
To prove the crime of recklessly endangering
another person, the state may properly rely on defendant’s
course of driving which put all of the other drivers at a
potential risk of harm—which may involve more than one
individual, specific maneuver. Accordingly, the trial court
did not err, plainly or otherwise, in failing to instruct the
jury as to concurrence.
Affirmed.