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STATE v. MERIDA-MEDINA

C040970CR; A128340.

191 P.3d 708 (2008)

221 Or. App. 614

STATE of Oregon, Plaintiff-Respondent, v. Victor MERIDA-MEDINA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Meredith Allen, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Brendan C. Dunn, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

A jury convicted defendant of assault in the third degree under ORS 163.165(1)(e), which makes it an offense to intentionally or knowingly cause physical injury to another "[w]hile being aided by another person actually present." On appeal, defendant makes two assignments of error. In the first, he argues that the trial court erred in instructing the jury that it could find him guilty under the principles of aiding and abetting liability. In his second...

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