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STATE v. WHITELEY

Nos. A179451 (Control), A179452, A179936.

331 Or. App. 585

STATE OF OREGON, Plaintiff-Respondent, v. LARRY ALEX WHITELEY, Defendant-Appellant.

Court of Appeals of Oregon.

March 27, 2024.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and John Evans , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Colm Moore , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, Powers, Judge, and Hellman, Judge.

POWERS, J.

In Case No. 21CR03245, Counts 1 and 2 reversed and remanded; otherwise affirmed. In Case No. 20CR30970, reversed. In Case No. 22CR13632, affirmed.

In this consolidated criminal appeal, defendant assigns error to the trial court's refusal to give a choice of evils jury instruction. In Case No. 21CR03245, defendant...

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