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STATE v. DURST

C062841CR; A138259.

273 P.3d 370 (2012)

248 Or. App. 689

STATE of Oregon, Plaintiff-Respondent, v. James Willard DURST, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 14, 2012.

Attorney(s) appearing for the Case

Matthew McHenry, Portland, argued the cause for appellant. With him on the briefs was Michael R. Levine.

Jennifer S. Lloyd, 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 HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

Defendant appeals a judgment convicting him of one count of unlawful use of a weapon, ORS 166.220, one count of menacing, ORS 163.190, and one count of assault in the fourth degree, ORS 163.160, arguing that the trial court erred in instructing the jury. For the reasons explained below, we affirm defendant's convictions.

The relevant facts are as follows. Defendant was riding a bicycle on a road encircling a mall parking lot when he collided with...

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