STATE v. NAUDAIN

080432001; A144918.

292 P.3d 623 (2012)

254 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Damon James NAUDAIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 12, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan Fair Drake , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

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


ARMSTRONG, P.J.

Defendant was convicted, following a jury trial, of two counts of aggravated murder, stemming from a home-invasion robbery. On appeal, defendant raises multiple assignments of error. We write to address only defendant's contention that the trial court erred when it instructed the jury on self-defense. Defendant argues that, because he had not raised a defense of self-defense, that instruction amounted to impermissible comments on the evidence by the...

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