State v. Lopez-Minjarez
260 P.3d 439
Or.2011Background
- Defendant Lopez-Minjarez and his father allegedly planned to injure/kill a man having an affair with his mother; the victim was abducted, shot, and killed; the state charged multiple offenses including burglary, kidnapping, assault, and three forms of murder based on a single sequence of events.
- At trial, the state framed liability on accomplice theory; defendant testified his father acted inside the house, and he drove the truck away, with disputed participation.
- The trial court instructed the jury using Uniform Criminal Jury Instructions on accomplice liability (UCrJI 1052, 1053) and a “natural and probable consequences” theory (UCrJI 1051)
- The appellate court and this Court found UCrJI 1051 incorrect and prejudicial, requiring reversal of certain convictions and remand; some convictions (burglary, kidnapping) were affirmed as harmless.
- The Court held that ORS 161.155 requires a specific intent to promote or facilitate the crime for accomplice liability and that the natural-and-probable-consequence instruction improperly extended liability beyond the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether UCrJI 1051 correctly states Oregon law | Lopez-Minjarez | Lopez-Minjarez | Incorrect; instruction improper |
| Whether the instructional error was prejudicial | Lopez-Minjarez | Lopez-Minjarez | Yes; prejudicial on multiple counts |
| Effect on aggravated murder and felony murder convictions | Lopez-Minjarez | Lopez-Minjarez | Prejudicial; reversed |
| Effect on burglary and kidnapping convictions | Lopez-Minjarez | Lopez-Minjarez | Harmless as to burglary and kidnapping |
Key Cases Cited
- State v. Lopez-Minjarez, 236 Or.App. 270, 237 P.3d 223 (2010) (court of appeals decision on accomplice liability and natural and probable consequences)
- State v. Pine, 336 Or. 194, 82 P.3d 130 (2003) (instruction prejudice standard for erroneous jury instructions)
- State v. Woodman, 341 Or. 105, 138 P.3d 1 (2006) (no error when instructions, read as a whole, reflect statutory requirements)
- State v. Zweigart, 344 Or. 619, 188 P.3d 242 (2008) (felony murder liability and accomplice theory)