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STATE v. LOPEZ-MINJAREZ

(CC C053660CR; CA A134227; SC S059045).

260 P.3d 439 (2011)

350 Or. 576

STATE of Oregon, Petitioner on Review, v. Petronilo LOPEZ-MINJAREZ, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 25, 2011.

Attorney(s) appearing for the Case

Greg Rios , Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Shawn Wiley , Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review. With him on the brief was Peter Gartlan , Chief Defender.

LINDER, J.

We allowed review in this case to consider whether a uniform criminal jury instruction on aiding and abetting correctly states Oregon law.1 As did the Court of Appeals,2 we conclude that it does not. We further conclude, as did the Court of Appeals, that giving the instruction was prejudicial in this case. We differ, however, in our determination of which crimes were potentially affected by the instructional...

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