255 P.3d 556
Or. Ct. App.2011Background
- Pedersen was convicted of attempted aggravated murder, unlawful use of a weapon, coercion with a firearm, resisting arrest, pointing a firearm at another, menacing, and possession of cocaine.
- Coercion count alleged Pedersen induced Deputy Miller to abstain from issuing a parking citation by instilling fear of physical injury.
- Miller confronted Pedersen at Lost Creek State Park around 2:00 a.m. after discussing day-use parking restrictions; Pedersen exited the motor home, acted angrily, and a gunfire exchange ensued.
- Miller testified he never planned to issue a citation that night; the encounter included taser usage and pepper spray before Pedersen fired at Miller, who returned fire.
- The court instructed the jury on intent with a general definition; Pedersen requested tailored, element-specific definitions linked to each offense, citing Crosby.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of coercion evidence | Pedersen induced Miller to abstain from a citation. | Miller was not induced to refrain from issuing a citation. | Coercion insufficient; remand for attempted coercion. |
| Intent instruction adequacy | Crosby requires tailored intent definitions for each offense. | General intent instruction correctly applied to offenses with varying elements. | Court's generic instruction adequate; no reversible error. |
Key Cases Cited
- State v. Crosby, 342 Or. 419 (Or. 2007) (defines how intent relates to conduct and results; guides tailored instructions)
- State v. Woodman, 341 Or. 105 (Or. 2006) (upholds broad intent instruction when it accurately reflects law)
- State v. Garcia, 206 Or. App. 745 (Or. App. 2006) (insufficient coercion but sufficient for attempted coercion)
- State v. Niehuser, 21 Or. App. 33 (Or. App. 1975) (impossibility not a defense to attempt)
- State v. Phillips, 206 Or. App. 90 (Or. App. 2006) (three-element coercion framework)
- State v. Johnson, 110 Or. App. 362 (Or. App. 1991) (indicates requirement of actual inducement in coercion)
- State v. Casey, 346 Or. 54 (Or. 2009) (standard for reviewing sufficiency of evidence)
- State v. King, 307 Or. 332 (Or. 1989) (review of elements and mental state in criminal offenses)
- State v. Lockamy, 227 Or. App. 108 (Or. App. 2009) (guide to sufficiency and instructions in appellate review)
- State v. Barnes, 329 Or. 327 (Or. 1999) (principles on adequacy of jury instructions)