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STATE v. BRANCH

030632717; A122905.

144 P.3d 1010 (2006)

208 Or. App. 286

STATE of Oregon, Respondent, v. Ricardo BRANCH, Appellant.

Court of Appeals of Oregon.

Decided September 27, 2006.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Monica L. Finch, Deputy Public Defender, Office of Public Defense Services. Ricardo Branch filed the supplemental brief pro se.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

Defendant appeals a judgment convicting him of assault in the second degree, ORS 163.175, assault in the third degree, ORS 163.165, and assault in the fourth degree, ORS 163.160. He assigns error to the trial court's refusal to give the jury a "defense of another person" instruction and to several aspects of his sentence. Because we agree that the trial court erred in refusing to give the instruction, we reverse and remand without reaching defendant's...

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