STATE v. BROWN

A173208.

502 P.3d 1199 (2022)

316 Or. App. 808

STATE of Oregon, Plaintiff-Respondent, v. David Michael BROWN, Defendant-Appellant.

Court of Appeals of Oregon.

January 5, 2022.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Marc Brown , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Michael A. Casper , Assistant Attorney General, filed the brief for respondent.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kistler, Senior Judge.


Defendant appeals after he was found guilty in a bench trial of second-degree assault on the theory that he aided and abetted his codefendant in causing serious physical injury to the victim "by means of a dangerous weapon, to wit, a shoe." See ORS 161.015(1) (defining "dangerous weapon" to mean "any weapon, device, instrument, material...

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