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STATE v. BENSON

0800259M; A141929.

265 P.3d 58 (2011)

246 Or. App. 262

STATE of Oregon, Plaintiff-Respondent, v. James Raymond BENSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 26, 2011.

Attorney(s) appearing for the Case

Lindsey K. Detweiler , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Pamela Johnstone Walsh , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

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

ARMSTRONG, J.

Defendant appeals a judgment of conviction for harassment. ORS 166.065 (2007).1 Defendant contends that the trial court erred when it caused him to invoke his right to remain silent in the presence of the jury by asking him if he understood that he had a constitutional right to testify and was choosing not to do so. We reverse and remand.

The pertinent facts are undisputed. Ferrell, an employee of Home Depot, assisted...

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