State v. Carlon

Defendant appeals a judgment convicting her of fourth-degree assault, ORS 163.160, and harassment, ORS 166.065. Defendant asserts that the trial court erred when, in response to a question from the jury, it gave the jury instructions regarding criminal trespass and defense of premises. As explained below, we agree that the trial court erred and, accordingly, reverse and remand.

This case arose out of events that occurred on March 23, 2011, when defendant visited her sister (Crape). Defendant and her daughter, R, arrived at Crape’s home in the evening, and defendant and Crape drank several…