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STATE v. NUGENT

101051017; A147737.

323 P.3d 289 (2014)

261 Or. App. 22

STATE of Oregon, Plaintiff-Respondent, v. John Gerard NUGENT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

David Sherbo-Huggins , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Anna M. Joyce , Solicitor General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Christina M. Hutchins , Senior Assistant Attorney General.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

WOLLHEIM, J.

Defendant, who was convicted after a jury trial of one count of second-degree criminal trespass, ORS 164.245(1), appeals, assigning error to the giving of a uniform jury instruction that he asserts relieved the state of proving an element of the offense. He seeks to have his conviction set aside and the case remanded for a new trial. We conclude that, even if the court erred in giving the instruction, the error does not require reversal. We therefore...

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