STATE v. STALDER

90C-21105; CA A71343.

844 P.2d 225 (1992)

117 Or. App. 289

STATE of Oregon, Respondent, v. Tony Deen STALDER, Appellant.

Court of Appeals of Oregon.

Decided December 23, 1992.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Youlee Yim You, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


WARREN, Presiding Judge.

Defendant was convicted of assault in the first degree with a firearm and possession of a dangerous weapon with the intent to use it unlawfully. ORS 163.185; ORS 166.220. We remand for resentencing.

Defendant argues that the court erred in not instructing the jury that his actions were taken in self-defense. There was no error. His defense was in fact not self-defense, which, under ORS 161...

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