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STATE v. RAMOZ

A163802.

451 P.3d 1032 (2019)

299 Or. App. 787

STATE of Oregon, Plaintiff-Appellant, v. Talon Duane RAMOZ, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc March 7, 2019.

October 9, 2019.

Attorney(s) appearing for the Case

Timothy A. Sylwester , Assistant Attorney General, argued the cause for appellant. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Anne Fujita Munsey , Deputy Public Defender, argued the cause for respondent. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Before Egan, Chief Judge, and Armstrong, Ortega, Hadlock, DeVore, Lagesen, Tookey, DeHoog, Shorr, James, Aoyagi, and Powers, Judges, and Landau, Senior Judge.

The state appeals the trial court's order granting defendant a new trial under ORCP 64. The issue in this case is whether a defendant is entitled to a new trial under ORCP 64 B when the defendant initially consents to the trial court's jury instructions, but, after the verdict, the trial court concludes that the same instructions were...

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