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STATE v. GORE

A155544.

380 P.3d 1120 (2016)

280 Or. App. 624

STATE of Oregon, Plaintiff-Respondent, v. Jimmy Wayne GORE, Defendant-Appellant.

Court of Appeals of Oregon.

August 31, 2016.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender and Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jeff J. Payne , Assistant Attorney General, filed the brief for respondent.

Before Sercombe, Presiding Judge, and Tookey, Judge, and De Muniz, Senior Judge.

Following a jury trial, defendant was convicted of second-degree assault, ORS 163.175, (Count 2) and unlawful use of a weapon, ORS 166.220, (Count 3).1 On appeal, he assigns error to the trial court's failure to instruct the jury on the state's burden to disprove his "defense of property" defense beyond...

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