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STATE v. DAVIS

201028649; A148652.

335 P.3d 1266 (2014)

265 Or. App. 179

STATE of Oregon, Plaintiff-Respondent, v. Tyler Clayton DAVIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 27, 2014.

Attorney(s) appearing for the Case

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

Jamie Contreras , Assistant Attorney-in-Charge, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

Defendant appeals a judgment convicting him of perjury, ORS 162.065, assigning error to the trial court's instruction to the jury that it was required to accept certain facts as having been proved beyond a reasonable doubt in a prior proceeding. Defendant argues the instruction removed an element of the crime from the jury's consideration and, therefore, violated his state and federal constitutional rights to...

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