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STATE v. ZOLOTOFF

(CC 09C42126; CA A145303; SC S061003).

320 P.3d 561 (2014)

354 Or. 711

STATE of Oregon, Petitioner on Review, v. Daniel Steven ZOLOTOFF, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided January 30, 2014.

Attorney(s) appearing for the Case

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Daniel C. Bennett , Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan , Chief Defender.

WALTERS, J.

In this case, the jury unanimously found defendant guilty of the charged offense of possession of a weapon by an inmate, ORS 166.275.1 On appeal, the state conceded that the trial court had erred when it denied defendant's request that it instruct the jury on the lesser-included offense of attempted possession of a weapon by an inmate, ORS 136.465.2 The Court of Appeals agreed, rejected the state...

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