STATE v. ZOLOTOFF

09C42126; A145303.

291 P.3d 781 (2012)

253 Or. App. 593

STATE of Oregon, Plaintiff-Respondent, v. Daniel Steven ZOLOTOFF, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 21, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Louis R. Miles , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


NAKAMOTO, J.

Defendant appeals the trial court's judgment convicting him of one count of possession of a weapon by an inmate. ORS 166.275. On appeal, defendant contends that the trial court erred in refusing to give the jury an instruction for attempted possession of a weapon by an inmate. We agree with the state's concession that the trial court erred but reject its argument that the error was harmless. Accordingly, we reverse and remand.

We briefly recount...

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