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STATE v. RAMBERT

020633513; A126882.

171 P.3d 398 (2007)

216 Or. App. 39

STATE of Oregon, Plaintiff-Respondent, v. Patrick RAMBERT, aka Patrick Rembert, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 7, 2007.

Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

EDMONDS, P.J.

Defendant appeals his convictions for two counts of assault in the second degree with a firearm, ORS 163.175, and asserts three assignments of error. We write to discuss only defendant's first assignment of error. The issue under that assignment is whether a trial court errs in giving an accomplice-witness jury instruction under ORS 10.095(4) over the defendant's objection when the accomplice testimony not only implicates the defendant in the commission...

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