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STATE v. PINCKNEY

1000351CR; A147448.

298 P.3d 1248 (2013)

255 Or. App. 824

STATE of Oregon, Plaintiff-Respondent, v. Russell Cain PINCKNEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 27, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Daniel C. Bennett , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Jeremy C. Rice , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and DE MUNIZ, Senior Judge.

PER CURIAM.

Defendant was convicted of unlawful use of a weapon, ORS 166.220. On appeal, he asserts that, for purposes of ORS 166.220(1)(a), a person does not use a dangerous weapon merely by threatening to use it against another person. Accordingly, defendant argues that the trial court erred when it declined to give his requested jury instruction defining the term "use of a dangerous weapon" as follows:

"`Use...

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