STATE v. BURRIS

A167349.

456 P.3d 684 (2019)

301 Or. App. 430

STATE of Oregon, Plaintiff-Respondent, v. Tyler James BURRIS, Defendant-Appellant.

Court of Appeals of Oregon.

December 18, 2019.


Attorney(s) appearing for the Case

Anne Fujita Munsey , Deputy Public Defender, argued the cause for appellant. Also on the reply brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services. On the opening brief were Erica Herb , Deputy Public Defender, and Ernest G. Lannet , Chief Defender, Criminal Appellate Section.

Joanna L. Jenkins , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.


Defendant appeals from a judgment of conviction for one count of delivery and possession of a substantial quantity of heroin and one count of felon in possession of a restricted weapon, raising two assignments of error. Because we agree with defendant on his second assignment—that the trial court erred in instructing the jury on...

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