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STATE v. LARSON

A172911.

490 P.3d 189 (2021)

313 Or. App. 155

STATE of Oregon, Plaintiff-Respondent, v. Jeremy James LARSON, Defendant-Appellant.

Court of Appeals of Oregon.

July 8, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Brett J. Allin , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

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

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

Defendant appeals his convictions for fourth-degree assault, ORS 163.160, and unlawful use of mace, ORS 163.212, arguing that the trial court gave an erroneous jury instruction. The case concerned a fight between a homeowner and defendant, who had been picking through the homeowner's trash. At trial, defendant raised a self-defense theory,...

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