A178238 (Control) A178641.

546 P.3d 945 (2024)

331 Or. App. 591

STATE of Oregon, Plaintiff-Respondent, v. Aaron Jerome PFANNENSTIEL, aka Aaron Pfannenstiel, Defendant-Appellant.

Court of Appeals of Oregon.

March 27, 2024.

Attorney(s) appearing for the Case

John Evans , 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.

Robert M. Wilsey , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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

Defendant appeals a judgment of conviction for one count of assault in the second degree, ORS 163.175.1 On appeal, he assigns error to the trial court's failure to instruct the jury as to the required mental state for the "serious physical injury" element of second-degree assault. The state concedes that the...

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