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STATE v. BASSETT

080141146; A138837.

228 P.3d 590 (2010)

234 Or. App. 259

STATE of Oregon, Plaintiff-Respondent, v. Andrew Lee BASSETT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 10, 2010.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Patrick M. Ebbett, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before HASELTON, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

HASELTON, P.J.

Defendant, who was convicted following a jury trial of assault in the fourth degree, ORS 163.160(1),1 appeals. He assigns error to an instruction that the trial court gave in response to the jury's inquiry regarding the proper relationship between defendant's voluntarily intoxicated condition at the time of the incident and his defense of self-defense. We conclude that the court's instruction comported with the consensus...

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