State v. Wier

In this criminal case, defendant appeals a judgment convicting him of first-degree sexual abuse, ORS 163.427(l)(a)(B), third-degree sexual abuse, ORS 163.415(l)(a)(A), and first-degree burglary, ORS 164.225. Defendant raises six assignments of error. We write only to address the second and third assignments of error, which concern jury instructions that defendant requested on the first- and third-degree sexual abuse counts.1 We agree with defendant that, as to the first-degree sexual abuse charge, the trial court erred in declining to provide the jury with defendant’s special instruction…