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STATE v. CASTREJON

CC 9004-32451; CA A66770; SC S39642.

856 P.2d 616 (1993)

317 Or. 202

STATE of Oregon, Respondent on Review, v. Leonardo D. CASTREJON, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided July 22, 1993.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause on behalf of petitioner on review. With her on the petition was Sally L. Avera, Public Defender, Salem.

Robert B. Rocklin, Asst. Atty. Gen., Salem, argued the cause on behalf of respondent on review. With him on the response to the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

UNIS, Justice.

The issues in this criminal case are whether a jury instruction on reasonable doubt was proper and whether an unpreserved claim of error is available for appellate review.

Defendant was charged with unauthorized use of a vehicle, ORS 164.135. The trial court gave the jury the following instruction on reasonable doubt:

"Now, the law presumes the defendant is innocent. The burden is upon the State to prove that the defendant is guilty...

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