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STATE v. KEENE

A169671.

505 P.3d 418 (2022)

317 Or. App. 19

STATE of Oregon, Plaintiff-Respondent, v. Monica R. KEENE, Defendant-Appellant.

Court of Appeals of Oregon.

January 12, 2022.

Attorney(s) appearing for the Case

Sarah De La Cruz , 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.

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

Before DeHoog, Presiding Judge, and Mooney, Judge, and DeVore, Senior Judge.

After acquitting defendant of the offense with which she was charged in Count 1 of the indictment, the trial court—on its own initiative and without notice to defendant —found her guilty of a lesser-included offense. That is something that, under our decision in State v. Barrie, 227 Or.App. 378...

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