State v. O'Rear
Annotate this CaseA jury convicted Clifford O'Rear of one count of reckless aggravated battery. O'Rear appealed, arguing, among other things, that the trial evidence was insufficient to support his conviction because the State failed to show that he acted recklessly in intentionally shooting the victim. The court of appeals affirmed the conviction. The Supreme Court reversed, holding (1) the evidence established that O'Rear intentionally shot a gun at the center mass of the victim, and thus, O'Rear intended the conduct of shooting and the result of causing injury; and (2) even though O'Rear mistook the facts and acted under the mistaken and unreasonable belief that he needed to defend himself or others, those facts did not change the intentional nature of O'Rear's action to shoot and disable the victim.
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