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STATE v. CHEMXANANOU

A173966.

510 P.3d 954 (2022)

319 Or. App. 636

STATE of Oregon, Plaintiff-Respondent, v. Ethan CHEMXANANOU, Defendant-Appellant.

Court of Appeals of Oregon.

May 18, 2022.

Attorney(s) appearing for the Case

Mark Kimbrell , 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.

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

Before James, Presiding Judge, and Egan, Judge, and Kamins, Judge.

Defendant appeals his conviction for four counts of criminal mistreatment in the first degree, ORS 163.205. Defendant challenges the court's refusal to give a witness false in part jury instruction and asserts that the court plainly erred by omitting a culpable mental state with respect to the element of resulting physical injury.

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