Peter Jantzi accompanies Diane Anderson to her estranged husband Rex Anderson's house and lets the air out of the tires of Rex's van. Rex chases Peter down a bicycle path and jumps on him, getting stabbed in the abdomen by Peter's knife. Peter is convicted of assault in the 2nd degree. The Court of Appeals affirms the conviction but modifies it to assault in the 3rd degree and remands for resentencing, finding that while Peter knew he had a weapon and an injury could occur, he did not intend to stab Rex.

1. HaroldSowards
CJ 322, Tu/Th 9:30
9/15/15
State v. Jantzi
641 P.2d 62 (Or. App. 1982)
1. Facts
 PeterJantzi accompaniesDiane Andersonwithseveral otherstoherestranged
husband’s(Rex Anderson’s) house
 Peterusesa knife toletairout of Rex’svan’s tires
 Rex’sroommate alertsRex of thisandRex chasesPeterdowna bicycle path
 Peterhidesinthe bushes,Rex jumpsonhimandgetsstabbedinthe abdomenbythe
knife
 Peterisconvictedinthe Circuitof KlamathCo.for assaultinthe 2nd
degree underORS
163. 175
 Peterappeals
 Court of Appealsheld
 Affirmsthe decision,butmodifiesthe convictionforcrime of assaultinthe 3rd
degree
and remandsforresentencing
2. Issue
Didthe defendant“knowingly”cause physicalinjurytoRex Anderson?
3. Holdings
No,affirmedandremanded
4. Reasoning
The findingsfromthe trial judge were reckless.The courtknew he hada weaponandbelieved
that the defendantdidn’tintendtostabAnderson.The courtappliedthe reasoningthatsince he
knewan injurywouldoccur,he acted“knowingly”.