STATE v. MOSES

(CR9700135; CA A98793)

997 P.2d 251 (2000)

165 Or. App. 317

STATE of Oregon, Respondent, v. Michael Donald MOSES, Appellant.

Court of Appeals of Oregon.

Decided February 9, 2000.


Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the brief were David E. Groom, Public Defender, and Diane L. Alessi, Deputy Public Defender.

Jennifer Scott Lloyd, Portland, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


EDMONDS, P.J.

Defendant appeals from a judgment of conviction for one count of attempted aggravated murder, ORS 163.095 (1995) and ORS 161.405, one count of first-degree assault, ORS 163.185, and one count of unlawful use of a weapon, ORS 166.220. He assigns as error: (1) the trial court's failure to give jury instructions concerning lesser-included offenses of the crimes of attempted aggravated murder and first-degree assault; (2) the trial court's instructions to...

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