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STATE v. McNALLY

Nos. 111152528, A150977.

353 P.3d 1255 (2015)

272 Or. App. 201

STATE of Oregon, Plaintiff-Respondent, v. Sean Michael McNALLY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 8, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Andrew D. Robinson , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and De MUNIZ, Senior Judge.

Defendant appeals a judgment of conviction for second-degree criminal trespass, ORS 164.245, interfering with a peace officer, ORS 162.247, and resisting arrest, ORS 162.315, raising two assignments of error. Defendant first contends that the trial court erred by refusing to instruct the jury that a person does not commit the crime...

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