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STATE v. MOSLEY

0308-33801, A124212 (Control), A124581.

136 P.3d 73 (2006)

206 Or. App. 172

STATE of Oregon, Respondent, v. Robert Lee MOSLEY, Appellant.

Court of Appeals of Oregon.

Decided May 31, 2006.

Attorney(s) appearing for the Case

Rankin Johnson IV argued the cause and filed the brief for appellant.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and WILSON, Judge pro tempore.

LANDAU, P.J.

Defendant was convicted of assault in the second degree. ORS 163.175. He contended at trial that the assault was committed in self-defense. He claimed that he was frightened of the victim after listening to a violent "gangster rap" CD on which the victim sang. Defendant offered the CD into evidence. The trial court admitted the CD into evidence but ruled that it could not be played to the jury during closing arguments...

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