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STATE v. TELLEZ-SUAREZ

A168847.

484 P.3d 396 (2021)

310 Or. App. 354

STATE of Oregon, Plaintiff-Respondent, v. Eliseo TELLEZ-SUAREZ, Defendant-Appellant.

Court of Appeals of Oregon.

March 31, 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 Shannon T. Reel, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Hadlock, Judge pro tempore.

Defendant was found guilty by unanimous jury verdict on two counts of first-degree criminal mistreatment, ORS 163.205, and two counts of third-degree assault, ORS 163.165(2)(a). In five assignments of error, defendant claims that the trial court plainly erred by (1) giving a jury instruction regarding the mens rea required for the physical...

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