State v. Stalder

Defendant was convicted of assault in the first degree with a firearm and possession of a dangerous weapon with the intent to use it unlawfully. ORS 163.185; ORS 166.220. We remand for resentencing.

Defendant argues that the court erred in not instructing the jury that his actions were taken in self-defense. There was no error. His defense was in fact not self-defense, which, under ORS 161.209, 1 requires that a person have a reasonable belief that the degree of force used is necessary to counter unlawful physical force. Defendant testified that the weapon discharged by accident. That…