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STATE v. JACKSON

09FE0735ST; A144967.

284 P.3d 1266 (2012)

252 Or. App. 74

STATE of Oregon, Plaintiff-Respondent, v. Kevin Warren JACKSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Joshua B. Crowther , Chief Deputy Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Janet A. Klapstein , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

BREWER, J.

Defendant appeals a judgment of conviction for assault in the second degree, ORS 163.175, arguing that the trial court erred in declining to instruct the jury on the lesser-included offense of fourth-degree assault.1 Defendant contends that he was entitled to such an instruction because he adduced evidence at trial that he did not knowingly use a dangerous weapon when he stabbed the victim in the back with a folding knife. We...

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