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STATE v. STOWELL

A165177.

466 P.3d 1009 (2020)

304 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Lee Roy STOWELL, Defendant-Appellant.

Court of Appeals of Oregon.

May 6, 2020.

Attorney(s) appearing for the Case

Erica Herb , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant, who was convicted after jury trial of first-degree burglary, ORS 164.225, unauthorized use of a vehicle, ORS 164.135, and first-degree theft, ORS 164.055, argues on appeal that the trial court erred in two respects in instructing the jury. Defendant asserts that the trial court plainly erred in failing to instruct the...

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