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STATE v. JACKSON

A180386.

555 P.3d 1279 (2024)

334 Or. App. 463

STATE of Oregon, Plaintiff-Respondent, v. Michael Robert Ray JACKSON, Defendant-Appellant.

Court of Appeals of Oregon.

August 21, 2024.

Attorney(s) appearing for the Case

Carla E. Edmondson, 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.

Kate E. Morrow, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot, Judge.

In this criminal appeal, a jury found defendant guilty of driving under the influence of intoxicants (DUII), ORS 813.010. Defendant assigns error to the trial court's refusal to instruct the jury on the choice-of-evils defense. He contends that the trial court was required to instruct the jury on that defense because there was some evidence...

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