State v. Gore

DE MUNIZ, S. J.

Following a jury trial, defendant was convicted of second-degree assault, ORS 163.175, (Count 2) and unlawful use of a weapon, ORS 166.220, (Count 3).1 On appeal, he assigns error to the trial court’s failure to instruct the jury on the state’s burden to disprove his “defense of property” defense beyond a reasonable doubt.2 Defendant acknowledges that he did not preserve that assignment of error before the trial court, but urges us to review it as plain error. See ORAP 5.45(1) (“No matter claimed as error will be considered on appeal unless the claim of error was preserved in…