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STATE v. PIERCE

07CR0007FE; A136976.

232 P.3d 978 (2010)

235 Or. App. 372

STATE of Oregon, Plaintiff-Respondent, v. Nathen Lamar PIERCE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 26, 2010.

Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

Defendant appeals a judgment of conviction for, among other crimes, unauthorized use of a vehicle, ORS 164.135. On appeal, he asserts three assignments of error, two of which we reject without discussion. We write to discuss only defendant's contention that the trial court erred by instructing the jury on elements of unauthorized use of a vehicle (UUV) that were not alleged in the indictment, in violation of Article VII (Amended), section 5, of the Oregon...

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