STATE v. PHILLIPS

A169250.

493 P.3d 548 (2021)

313 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Jesse Jerome PHILLIPS, aka Jessey Jerome Phillips, Defendant-Appellant.

Court of Appeals of Oregon.

July 8, 2021.


Attorney(s) appearing for the Case

Stacy M. Du Clos , 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.

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

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Defendant appeals a judgment of conviction for fourth-degree assault constituting domestic violence, ORS 163.160 (Count 1), and harassment, ORS 166.065 (Count 2). A nonunanimous jury found him guilty of both offenses. In three of his assignments of error, defendant argues that the trial court erred by instructing the jury that it could...

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