State v. Pogue
State v. Pogue
Opinion of the Court
*453Defendant appeals a judgment of conviction for felon in possession of a firearm (Count 1), unlawful use of a weapon (Counts 2 and 3), and menacing (Counts 4 and 5). He assigns error to the trial court's entry of judgment designating Counts 2, 3, and 4 as crimes "constituting domestic violence," ORS 132.586.
Remanded for entry of a corrected judgment deleting all references to "constituting domestic violence"; otherwise affirmed.
ORS 132.568 provides, in part:
"(2) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is so pleaded, the words 'constituting domestic violence' may be added to the title of the crime."
Defendant also assigns error to the trial court's jury instruction allowing nonunanimous guilty verdicts. We reject that assignment of error without published discussion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.