STATE v. CARLON

111061; A149950.

335 P.3d 343 (2014)

265 Or. App. 390

STATE of Oregon, Plaintiff-Respondent, v. Tamara Lee CARLON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 10, 2014.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Lindsey Burrows , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.


SERCOMBE, J.

Defendant appeals a judgment convicting her of fourth-degree assault, ORS 163.160, and harassment, ORS 166.065. Defendant asserts that the trial court erred when, in response to a question from the jury, it gave the jury instructions regarding criminal trespass and defense of premises. As explained below, we agree that the trial court erred and, accordingly, reverse and remand.

This case arose out of events that occurred on March 23, 2011, when...

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