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STATE v. O'NEILL

081255480; A143742.

303 P.3d 944 (2013)

256 Or. App. 537

STATE of Oregon, Plaintiff-Respondent, v. Ashley Maria Dawn O'NEILL, aka Ashley Maria Daw O'Neil, aka Ashley Maria Dawn O'Neil, aka Ashley Maria Dawn Fackler, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 15, 2013.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jamie Contreras , 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 SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

Defendant was convicted of escape in the third degree, ORS 162.145(1), for fleeing the custody of arresting officers. On appeal, she assigns error to the trial court's refusal to give a jury instruction on the choice of evils defense when there was evidence that she perceived an imminent threat of sexual abuse by the officers. For the reasons that follow, we affirm.1

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