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STATE v. JOHNSON

A173170.

505 P.3d 495 (2022)

317 Or. App. 357

STATE of Oregon, Plaintiff-Respondent, v. Bo Tyler JOHNSON, Defendant-Appellant.

Court of Appeals of Oregon.

February 2, 2022.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joseph Callahan, Assistant Attorney General, filed the brief for respondent.

Before Tookey, Presiding Judge, and Aoyagi, Judge, and Armstrong, Senior Judge.

Defendant was convicted of second-degree theft and second-degree criminal trespass. He appeals, raising two assignments of error related to the way the trial court instructed the jury on the criminal trespassing charge. The state argues that the error, if any, is harmless. We conclude that the trial court did err, and that the error was not...

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