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STATE v. SWANSON

(CC 071371M; CA A140575; SC S059135).

266 P.3d 45 (2011)

351 Or. 286

STATE of Oregon, Respondent on Review, v. David Lee SWANSON, Petitioner on Review.

Supreme Court of Oregon.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Jedediah Peterson , Deputy Public Defender, Officer of Public Defense Services, Salem, argued the cause for petitioner on review. With him on the brief was Peter Gartlan , Chief Defender.

Andrew M. Lavin , Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before, DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

LINDER, J.

In this case, defendant was charged with reckless driving, which is a misdemeanor.1 In his ensuing jury trial, defendant asked the trial court to instruct the jury on the elements of careless driving, which is a traffic violation, arguing that it is a lesser-included offense of reckless driving.2 The trial court declined to give defendant's requested instructions. On appeal, the Court of Appeals...

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