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STATE v. TINGHITELLA

A163795.

433 P.3d 482 (2018)

295 Or.App. 444

STATE of Oregon, Plaintiff-Respondent, v. James Michael TINGHITELLA, Defendant-Appellant.

Court of Appeals of Oregon.

December 12, 2018.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Sarah De La Cruz , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. James Michael Tinghitella filed the supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Christopher Page , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Shorr, Judge, and Landau, Senior Judge.

Defendant appeals a judgment of conviction for one count of attempting to assault a public safety officer, one count of resisting arrest, and one count of second-degree disorderly conduct. In his second through fourth assignments of error, defendant argues that the trial court plainly erred in instructing the jury on a reckless mental state...

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