State v. Averitt

Defendant appeals his conviction for harassment. ORS 166.065. He assigns error to the court’s refusal to give his requested jury instruction on self-defense. We review for errors of law, State v. Moore, 324 Or 396, 427, 927 P2d 1073 (1996), and reverse.

In determining whether there is evidence to support defendant’s requested jury instruction, we view the facts in the light most favorable to defendant. State v. Loew, 130 Or App 370, 372, 881 P2d 837 (1994). At trial, defendant called Jeffrey Turner, who was present for a portion of the events that gave rise to the harassment charge. Turner…