STATE v. GARCIA-MONTEJANO

A169308.

481 P.3d 1028 (2021)

309 Or. App. 397

STATE of Oregon, Plaintiff-Respondent, v. Miguel Fernando GARCIA-MONTEJANO, Defendant-Appellant.

Court of Appeals of Oregon.

February 18, 2021.


Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anne Fujita Munsey, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.


Defendant was found guilty by jury verdict of delivery of methamphetamine, in violation of ORS 475.890(2) (Count 1), and unlawful possession of methamphetamine, ORS 475.894(2)(b). On appeal, raising four assignments of error, defendant claims that the trial court plainly erred by (1) instructing the jury that the state did not need to prove...

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