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STATE v. PHILLIPS

080431569; A140377.

255 P.3d 587 (2011)

242 Or. App. 253

STATE of Oregon, Plaintiff-Respondent, v. Jesse Jerome PHILLIPS, aka Jessy Jerome Phillips, aka Jessey Jerome Phillips, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Rankin Johnson IV argued the cause and filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Defendant appeals a judgment of conviction, after a jury verdict, of third-degree assault for intentionally causing injury to a person "[w]hile being aided by another person actually present." ORS 163.165(1)(e). He argues, first, that the court erred by instructing the jurors that they could convict him of third-degree assault for aiding or abetting a co-assailant who hit the victim. He also argues that, under...

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