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STATE v. WASYLUK

12CR0370FE; A155137.

363 P.3d 519 (2015)

275 Or. App. 149

STATE of Oregon, Plaintiff-Respondent, v. William Edward WASYLUK, II, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 2, 2015.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Erik Blumenthal, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and DeVORE, Judge, and FLYNN, Judge.

Defendant appeals a judgment convicting him of two counts of strangulation constituting domestic violence, ORS 163.187. He argues that the trial court abused its discretion when it decided to give the jury cautionary instructions, rather than grant defendant's motion for a mistrial, after the prosecutor repeatedly used the phrases, "I...

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