STATE v. BOGGS

C111739CR; A149837.

306 P.3d 660 (2013)

257 Or. App. 99

STATE of Oregon, Plaintiff-Respondent, v. Rolland Theodore BOGGS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 12, 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.

Ellen F. Rosenblum , 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 HADLOCK, Judge.


PER CURIAM.

Defendant was convicted of menacing, ORS 163.190, and unlawful use of a weapon, ORS 166.220. On appeal, defendant argues that the trial court erred when it declined to give his requested jury instructions. In particular, defendant first proposed an instruction that "[t]hreatening to use a dangerous weapon is not use of that weapon," and later proposed an instruction that threatening "to use a dangerous weapon as long as such does not serve a separate unlawful...

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