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STATE v. MUNOZ

C092027CR; A147842.

298 P.3d 595 (2013)

255 Or. App. 735

STATE of Oregon, Plaintiff-Respondent, v. Maciel MUNOZ, Defendant-Appellant.

Court of Appeals of Oregon.

Argued and Submitted on February 19, 2013.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Pamela J. Walsh , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

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

PER CURIAM.

Defendant was convicted of murder after he, along with other gang members, stabbed the victim to death. In a sole assignment of error, defendant argues that the trial court erred in failing to instruct the jury that, to convict him of murder, at least 10 jurors had to concur as to whether he was criminally liable as a principal or as an accomplice. In State v. Phillips, 242 Or.App. 253, 255 P...

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