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STATE v. PHILLIPS

A169250.

493 P.3d 548 (2021)

313 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Jesse Jerome PHILLIPS, aka Jessey Jerome Phillips, Defendant-Appellant.

Court of Appeals of Oregon.

July 8, 2021.

Attorney(s) appearing for the Case

Stacy M. Du Clos, Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Patrick M. Ebbett, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Defendant appeals a judgment of conviction for fourth-degree assault constituting domestic violence, ORS 163.160 (Count 1), and harassment, ORS 166.065 (Count 2). A nonunanimous jury found him guilty of both offenses. In three of his assignments of error, defendant argues that the trial court erred by instructing the jury that it could...

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