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STATE v. CRUZ-GONZELEZ

D101666T; A146564.

303 P.3d 983 (2013)

256 Or. App. 811

STATE of Oregon, Plaintiff-Respondent, v. Juan Ismael CRUZ-GONZELEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 30, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Ernest G. Lannet , Chief Deputy Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Jennifer S. Lloyd , Attorney-in-Charge, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for failure to perform the duties of a driver when property is damaged, ORS 811.700(1)(b). He contends that the trial court erred in refusing to instruct the jury on attempted failure to perform the duties of a driver when property is damaged and on the affirmative defense of renunciation. The state responds that there is no evidence in the record to support defendant...

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