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STATE v. SIMONOV

CF110325; A151415.

346 P.3d 589 (2015)

269 Or. App. 735

STATE of Oregon, Plaintiff-Respondent, v. Alen Vladimir SIMONOV, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 18, 2015.

Attorney(s) appearing for the Case

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

Michael R. Salvas , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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

Defendant appeals a judgment of conviction for unauthorized use of a vehicle (UUV). A person commits UUV when he "takes, operates, exercises control over, rides in or otherwise uses another's vehicle * * * without consent of the owner." ORS 164.135(1)(a). At trial, defendant requested jury instructions requiring the jury to find that he knew that he was using the car without the owner's consent, but the trial court instead instructed the jury that it could convict...

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