State v. Zolotoff

Defendant appeals the trial court’s judgment convicting him of one count of possession of a weapon by an inmate. ORS 166.275. On appeal, defendant contends that the trial court erred in refusing to give the jury an instruction for attempted possession of a weapon by an inmate. We agree with the state’s concession that the trial court erred but reject its argument that the error was harmless. Accordingly, we reverse and remand.

We briefly recount the facts in the light most favorable to the giving of defendant’s requested instruction. State v. Taylor, 207 Or App 649, 666, 142 P3d 1093 (2006),…