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STATE v. GIRON-CORTEZ

(SC S069941).

557 P.3d 505 (2024)

372 Or. 729

STATE of Oregon, Respondent on Review, v. Dennis GIRON-CORTEZ, Petitioner on Review.

Supreme Court of Oregon, En Banc.

September 26, 2024.

Attorney(s) appearing for the Case

David Ferry, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section.

E. Nani Apo, 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.

James, J., dissented and filed an opinion, in which Bushong, J., joined.

A person commits the crime of assault in the third degree under ORS 163.165(1)(c) by "[r]ecklessly caus[ing] physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life." In this case, we consider the meaning of the "extreme indifference" element of...

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