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STATE v. DAVIS

C082992CR; A143956.

288 P.3d 980 (2012)

252 Or. App. 667

STATE of Oregon, Plaintiff-Respondent, v. Eugene Loren DAVIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 17, 2012.

Attorney(s) appearing for the Case

Per C. Olson and Hoevet, Boise & Olson, P.C. filed the brief for appellant.

Christina M. Hutchins , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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

ORTEGA, P.J.

Following a conviction for criminal mischief in the second degree, ORS 164.354,1 defendant appeals and raises four assignments of error. The first two concern jury instructional error. Defendant contends that the trial court improperly instructed the jury as to the definition of "recklessly" — the mental state required to convict defendant of criminal mischief in the second...

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