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STATE v. HARBICK

200702107; A136427.

228 P.3d 727 (2010)

234 Or. App. 699

STATE of Oregon, Plaintiff-Respondent, v. Douglas Louis HARBICK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

Harris S. Matarazzo argued the cause and filed the brief for appellant.

Katherine H. Waldo, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant appeals a judgment finding him guilty except for insanity on charges of first-degree criminal mischief and unlawful use of a weapon. On appeal, he argues that the trial court erred in making that finding because he never asserted a guilty except for insanity defense. Because defendant did not preserve that claim of error, and the error is not plain on this record, we affirm.

Defendant was charged with first-degree criminal mischief...

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