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STATE v. CHAPMAN

200322606; A124223.

149 P.3d 284 (2006)

209 Or. App. 771

STATE of Oregon, Respondent, v. Philip Duane CHAPMAN, Appellant.

Court of Appeals of Oregon.

Decided December 13, 2006.

Attorney(s) appearing for the Case

Mary M. Reese, Salem, argued the cause and filed the brief for appellant.

Katherine H. Waldo, Senior Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and ORTEGA, Judge, and WEST, Judge pro tempore.

WEST, J. pro tempore.

Defendant appeals his convictions for two counts of assault in the second degree. ORS 163.175. He contends that the trial court erred in refusing to give a requested jury instruction for a lesser-included offense of assault in the third degree. Defendant also contends that the trial court committed plain error when it gave the "liability for probable consequences" instruction1 to the

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