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STATE v. OWEN

(CC 17CR67031)(S067658).

505 P.3d 953 (2022)

369 Or. 288

STATE of Oregon, Respondent on Review, v. Matthew Lee OWEN, Petitioner on Review.

Supreme Court of Oregon.

March 3, 2022.

Attorney(s) appearing for the Case

Zachary Lovett Mazer , Deputy Public Defender, Office of Public Defense Services, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender.

Michael A. Casper , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, and Garrett, Justices, and Nakamoto, Senior Judge, Justice pro tempore.

At issue on review is the culpable mental state, or mens rea, statutorily required to prove second-degree assault, ORS 163.175. A grand jury indicted defendant on two counts of second-degree assault for knowingly causing physical injury to another person by means of a dangerous weapon. Citing State v. Barnes,

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