Summary
reversing coercion conviction where trial testimony conclusively showed that the victim was not actually compelled or induced by the defendant's threats
Summary of this case from State v. PedersenOpinion
C90-11-36741; CA A68779
Submitted on record and briefs November 22, reversed December 18, 1991
Appeal from Circuit Court, Multnomah County.
Thomas L. Moultrie, Judge pro tempore.
Sally L. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, Salem, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the brief for respondent.
Before Joseph, Chief Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Reversed.
Defendant was convicted of coercion. ORS 163.275. The state concedes that there was insufficient evidence to support the verdict. Coercion requires proof that the victim was actually compelled or induced to abstain from engaging in the conduct in which she had a right to engage or not to engage. The trial testimony is conclusive that defendant's threats did not have that effect.
Reversed.