544 P.3d 414 (2024)

330 Or. App. 680

STATE of Oregon, Plaintiff-Respondent, v. David Lloyd ASHBAUGH, Defendant-Appellant.

Court of Appeals of Oregon.

February 14, 2024.

Attorney(s) appearing for the Case

James Brewer , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Shannon T. Reel , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.

A jury convicted defendant of the misdemeanor offense of second-degree theft. ORS 164.045. In his second assignment of error, defendant argues that the prosecutor's statements, in rebuttal closing argument, were so prejudicial that it was plain error for the trial court not to address them or declare a mistrial. As explained more...

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