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STATE v. LECKENBY

D0102506T, C012779CR; A118119 (Control), A118305.

117 P.3d 273 (2005)

200 Or. App. 684

STATE of Oregon, Respondent, v. Ronald Loren LECKENBY, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Shawn Wiley, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

ARMSTRONG, P.J.

Defendant appeals his conviction for two counts of arson in the first degree, ORS 164.325, contending that the trial court erred in refusing to give a requested jury instruction on a lesser-included offense of reckless burning, ORS 164.335. We agree with defendant that the trial court erred and reverse.

On the evening of May 15, 2001, defendant was arrested for driving under the influence of intoxicants (DUII) and then released from custody...

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