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STATE v. HARRIS

071035065; A137688.

213 P.3d 859 (2009)

230 Or. App. 83

STATE of Oregon, Plaintiff-Respondent, v. Justin Royce HARRIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 29, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Rebecca A. Duncan, Assistant Chief Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Pamela J. Walsh, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant, while under the influence of intoxicants, stabbed the victim. He was charged with assault in the second degree, ORS 163.175(1)(b), and unlawful use of a weapon, ORS 166.220(1)(a). Defendant waived his right to a jury trial, and the case was tried to the court. The court found that defendant, because of his intoxication, did not intentionally or knowingly cause the victim injury; rather, the court found, defendant acted recklessly. The court...

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