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STATE v. POITRA

10C47950; A148526.

323 P.3d 563 (2014)

261 Or. App. 818

STATE of Oregon, Plaintiff-Respondent, v. Sherry Mary Kay POITRA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 26, 2014.

Attorney(s) appearing for the Case

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

Timothy A. Sylwester , Senior Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jennifer S. Lloyd , Attorney-in-Charge.

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

GARRETT, J.

Defendant appeals from a judgment of conviction entered following a jury trial. The jury convicted defendant on misdemeanor charges of second-degree disorderly conduct, ORS 166.025, and resisting arrest, ORS 162.315. On appeal, defendant argues that the trial court improperly instructed the jury on her defense of self-defense and that she was prejudiced by the erroneous instruction. Because we agree that the instruction was erroneous and could have confused...

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