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STATE v. COLBY

A171911.

494 P.3d 370 (2021)

313 Or. App. 492

STATE of Oregon, Plaintiff-Respondent, v. Raymond William COLBY III, Defendant-Appellant.

Court of Appeals of Oregon.

July 21, 2021.

Attorney(s) appearing for the Case

Kyle Krohn , 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.

Greg Rios , 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 Aoyagi, Judge.

This case, in which defendant was convicted of fourth-degree assault, is before us a second time. The first time,

"[d]uring the bench trial, both the state and defense counsel submitted jury instructions, including special jury instructions requested by the defense. The special instructions provided, among other things, that the factfinder...

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