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STATE v. LYNCH

A173858.

501 P.3d 563 (2022)

317 Or. App. 63

STATE of Oregon, Plaintiff-Respondent, v. Gerlinde Spring LYNCH, Defendant-Appellant.

Court of Appeals of Oregon.

January 12, 2022.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent.

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

Defendant was convicted after a jury trial on three counts of second-degree criminal mischief (Counts 1, 3 and 4); one count of first-degree criminal mischief (Count 2); and two counts of first-degree theft (Counts 5 and 6). The jury was unanimous as to all counts except for Count 6. Defendant argues that the trial court plainly erred in instructing...

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