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STATE v. THOMPSON

12CR1630FB; A153006.

365 P.3d 1133 (2015)

275 Or. App. 985

STATE of Oregon, Plaintiff-Respondent, v. Aaron James THOMPSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 30, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Emily P. Seltzer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Michael S. Shin , Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals a judgment of conviction for third-degree assault, ORS 163.165(1)(e).1 He assigns error to the trial court's failure to instruct the jury that it must concur on the facts establishing the elements of third-degree assault—that is, that defendant either directly caused physical injury...

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