State v. Milnes

In this consolidated appeal, defendant appeals from judgments convicting her in one case of felon in possession of a firearm and revoking her probation in another case based, in part, on the firearm conviction. The sole issue on appeal is whether the trial court erred in giving what is known as the “witness-false-in-part” jury instruction. ORS 10.095(3); UCrJI 1029.1 We review the trial court’s decision whether to give the instruction for abuse of discretion, which, in this case, means that we review to determine whether the factual predicate to give the instruction was met. Ireland v.…