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STATE v. FREY

08C51512; A141355.

273 P.3d 143 (2012)

248 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. David A. FREY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 8, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Marc D. Brown , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. David A. Frey filed the supplemental brief pro se.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

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

HASELTON, P.J.

Defendant appeals a judgment of conviction for attempted burglary in the first degree with a firearm and numerous other offenses. ORS 164.225; ORS 161.405; ORS 161.610. Defendant contends, inter alia, that, under State v. Boots, 308 Or. 371, 780 P.2d 725 (1989), cert. den., 510 U.S. 1013, 114 S.Ct. 606, 126 L.Ed.2d 571 (1993), the trial court erred in failing to instruct...

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