STATE v. FISH

07CR0486; A139664.

243 P.3d 873 (2010)

239 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Anthony James FISH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 24, 2010.


Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Denis M. Vannier , argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Inge D. Wells , Senior Assistant Attorney General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


BREWER, C.J.

Defendant, who was convicted of second-degree assault, ORS 163.175, two counts of fourth-degree assault, ORS 163.160, and menacing, ORS 163.190, argues on appeal that the trial court erred in admitting evidence of a statement that he made about one of the victims during trial. He further asserts that the trial court committed plain error in instructing the jury that it could return a nonunanimous jury verdict...

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